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UNIVERSITY  OF 
ILLINOIS  LIBRARY 
AT  URBANA-CHAMPAIGN 
STACKS 


I 


HOOLS, 


... 1 


A SYSTEM  OF 


IN  THE 


STATE  OE  ILLINOIS, 


AS  AMENDED  FEBRUARY  16,  1865. 


SPRINGFIELD: 

STATE  JOURNAL  STEAM  PRESS. 


1866. 


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3 ?9,I4t 

14  Us 

IKS 


TO  ESTABLISH  AND  MAINTAIN  A SYSTEM  OF 


FREE  SCHOOLS. 


STATE  SUPERINTENDENT  OF  PUBLIC  INSTRUCTION — HIS  ELECTION 
AND  DUTIES. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of 
Illinois , represented  in  the  General  Assembly , That  at  the 
election  to  be  held  on  Tuesday  after  the  first  Monday  of  Election  or  sa- 
November,  a.  d.  1866,  and  quadrennially  thereafter,  there  Perintendent* 
shall  be  elected,  by  the  legal  voters  of  this  state,  a state 
superintendent  of  public  instruction,  who  shall  hold  his 
office  for  four  years,  and  until  his  successor  is  duly  elected 
and  qualified. 

§ 2.  Before  entering  upon  his  duties,  he  shall  take  and  To  give  bond. 
subscribe  the  usual  oath  of  office,  and  shall  also  execute  a 
bond,  in  the  penalty  of  twenty-five  thousand  dollars,  paya- 
ble to  the  state  of  Illinois,  with  sureties  to  be  approved  by 
the  governor,  conditioned  for  the  prompt  discharge  of  his 
duties  as  superintendent  of  public  instruction,  and  for  the 
faithful  application  and  disposition,  accordiug  to  law,  of  all 
school  moneys  that  may  come  into  his  hands  by  virtue  of 
his  office;  said  bond  and  oaths  shall  be  deposited  with  the 
secretary  of  state,  and  an  action  may  be  maintained  thereon 
by  the  state,  at  any  time,  for  a breach  of  the  conditions 
thereof. 

§ 3.  It  shall  be  his  duty  to  keep  an  office  at  the  seat  of  Keep  office  at 
government  of  the  state,  and  to  file  all  papers,  reports  and  g°v" 

public  fdocuments  transmitted  to  him  by  the  school  officers 
of  the  several  counties,  each  year  separately,  and  to  keep 
and  preserve  all  other  public  documents,  books  and  papers 
relative  to  schools,  coming  into  his  hands  as  state  superin- 
tendent, and  to  hold  the  same  in  readiness  to  be  exhibited 
to  the  governor,  or  to  any  committee  of  either  house  of  the 


4 


Pay  over  moneys 


To  advise  with 
teachers. 


Supervision  of 
common  schools 


Address  circular 
letters. 


Report  to  gov- 
ernor. 


Mate  rules  and 
regulations. 


general  assembly ; and  shall  keep  a fair  record  of  all  mat- 
ters pertaining  to  the  business  of  his  office. 

• 4.  He  shall,  without  delay,  pay  oyer  all  sums  of 

money  which  may  come  into  his  hands  by  virtue  of  his  of- 
fice, to  the  officer  or  person  entitled  to  receive  the  same,  in 
such  manner  as  may  be  prescribed  by  law. 

§ 5.  He  shall  counsel  and  advise,  in  such  manner  as  he 
may  deem  most  advisable,  with  experienced  and  practical 
school  teachers,  as  to  the  best  manner  of  conducting  common 
schools. 

§ 6.  Said  superintendent  shall  have  the  supervision  of 
all  the  common  and  public  schools  in  the  state,  and  shall  be 
the  general  adviser  and  assistant  of  county  superintendents 
of  schools  in  the  state ; he  shall,  from  time  to  time,  as  he 
shall  deem  for  the  interest  of  schools,  address  circular  letters 
to  said  'superintendents,  giving  advice  as  to  the  best  manner 
of  conducting  schools,  constructing  school  houses,  furnishing 
the  same  and  procuring  competent  teachers. 

§ 7.  Said  state  superintendent  shall,  before  the  fifteenth 
day  of  December  of  every  year  preceding  that  in  which 
shall  be  holden  a regular  session  of  the  general  assembly, 
report  to  the  governor  the  condition  of  the  schools  in  the 
several  counties  of  the  State,  the  whole  number  of  schools 
which  have  been  taught  in  each  county  in  each  of  the  pre- 
ceding years,  commencing  on  the  first  Monday  of  October ; 
what  part  of  said  number  have  been  taught  by  males  ex- 
clusively; what  part  by  females  exclusively  ; what  part  of 
said  whole  number  have  been  taught  by  males  and  females 
at  the  same  time ; and  what  part  by  males  and  females  at 
different  periods ; the  number  of  scholars  in  attendance  at 
said  schools ; the  number  of  white  persons  in  each  county 
under  twenty-one  years  of  age ; the  amount  of  township 
and  county  fund ; the  amount  of  the  interest  of  the  state 
or  common  school  fund,  and  of  the  interest  of  the  township 
and  of  the  county  fund  annually  paid  out;  the  amount 
raised  by  an  ad  valorem  tax ; the  whole  amount  annually 
expended  for  schools ; the  number  of  school  houses,  their 
kind  and  condition  ; the  number  of  townships  and  parts  of 
townships  in  each  county;  the  number  and  description  of 
books  and  apparatus  purchased  for  the  use  of  schools  and 
school  libraries  under  the  provisions  of  this  act,  the  prices 
paid  for  the  same,  and  total  amount  purchased,  and  what 
quantity  and  how  distributed ; and  the  number  and  con- 
dition of  the  libraries,  together  with  such  other  information 
and  suggestions  as  he  may  deem  important  in  relation  to 
the  school  laws,  schools  and  the  means  of  promoting  educa- 
tion throughout  the  state ; which  report  shall  be  laid  before 
the  general  assembly  at  each  regular  session. 

§ 8.  The  said  state  superintendent  of  public  instruc- 
tion shall  make  such  rules  and  regulations  as  he  may  think 
necessary  and  expedient  to  carry  into  full  effect  the  provi- 


5 


sions  of  this  act,  and  of  all  the  laws  which  now  are  or  may 
hereafter  be  in  force  for  establishing  and  maintaining  schools 
in  this  State  ; and  the  said  superintendent  shall  have  power, 
and  it  shall  be  his  duty,  to  explain  and  interpret  and  de- 
termine to  all  county  superintendents,  directors,  township 
and  other  school  officers,  the  true  intent  and  meaning  of 
this  act,  and  their  several  duties  enjoined  thereby,  and  his 
decision  shall  be  final,  unless  otherwise  directed  by  the 
legislature,  or  reversed  by  a court  of  competent  jurisdic- 
tion. 

§ 9.  The  said  state  superintendent  shall  have  power  to 
direct  and  cause  the  county  superintendent  of  any  county, 
directors  or  board  of  trustees  or  township  treasurer  of  any 
township,  or  other  school  officer,  to  withhold  from  any  offi- 
cer, or  township,  or  teacher,  any  part  of  the  common  school, 
or  township,  or  other  school  fund,  until  such  officer,  town- 
ship, or  teacher  shall  have  complied  with  all  the  provisions 
of  this  act  relating  to  his,  her  or  their  duties,  and  such  rules 
and  regulations  as  the  state  superintendent  may  prescribe, 
not  inconsistent  with  this  act ; and  the  state  superintendent 
may  forbid  the  payment  of  any  part  of  the  common  school, 
township,  county  or  other  school  fund,  to  any  district 
in  which  the  school  or  schools  have  not  been  kept  accord- 
ing to  law,  or  in  which  no  school  has  been  kept  for  six 
months  during  the  year  next  preceding  the  demand  for  pay- 
ment, 

§ 10.  And  the  said  state  superintendent  shall  receive  an- 
nually the  sum  of  twenty-five  hundred  ‘dollars,  to  be  paid 
quarterly,  as  a salary  for  the  services  required  under  the  pro- 
visions of  this  act,  or  any  other  law  that  may  be  passed,  and 
also  for  all  necessary  contingent  expenses,  for  books,  postage 
and  stationery  pertaining  to  his  office,  to  be  audited  and  paid 
by  the  state,  as  the  salaries  and  contingent  expenses  of  other 
officers  are  paid. 

COUNTY  SUPERINTENDENTS THEIR  ELECTION  AND  DUTIES. 

§ 11.  On  Tuesday  next  after  the  first  Monday  in  No- 
vember next,  and  on  the  Tuesday  next  after  the  first  Mon- 
day in  November,  every  four  (d)  years  thereafter,  there  shall 
be  elected  by  the  qualified  voters  of  every  county  in  this 
state,  a county  superintendent  of  schools,  who  shall  perform 
the  duties  required  by  law.  He  shall,  before  entering  upon 
his  duties,  take  an  oath  for  the  faithful  discharge  of  the 
same,  and  execute  a bond,  payable  to  the  state  of  Illinois, 
with  two  or  more  responsible  freeholders  as  security,  to  be 
approved  by  the  county  court  or  board  of  supervisors,  in 
penalty  of  not  less  than  twelve  thousand  dollars,  to  be  in- 
creased at  the  discretion  of  said  court  or  board  of  supervi- 
sors, conditioned  that  he  will  faithfully  perform  all  the  duties 
of  his  office,  according  to  the  laws  which  are  or  may  be  in 


To  interpret  the 
meaning  of  this 
act. 


To  cause  county 
superintendents 
to  withhold 
funds. 


Salary  of  super- 
intendent. 


Election  of  coun- 
ty superintend- 
ents. 


To  give  bond. 


6 


force ; by  which  bond  the  obligors  shall  be  bound  jointly 
and  severally,  and  npon  which  an  action,  or  actions  may  be 
maintained  by  the  board  of  trustees  of  the  proper  township, 
for  the  benefit  of  any  township  or  fund  injured  by  any 
breach  thereof;  and  joint  action  may  be  had  for  two  or 
SgchSofcommi30-  more  funds.  The  said  county  superintendents  of  schools 
sioners.  shall  be  successors  to  the  school  commissioners,  as  here- 
tofore known  and  designated  in  the  act  to  which  this  act  is 
amendatory,  and  all  other  acts  where  the  term  u school  com- 
missioner” is  used ; and  all  rights  of  property,  and  rights 
and  causes  of  action,  existing  or  vested  in  school  commis- 
sioners, for  the  use  of  the  inhabitants  of  the  county,  or  any 
townships  thereof,  or  any  part  of  them,  shall  vest  in  the 
county  superintendents  of  schools,  as  successors,  in  as  full 
and  complete  a manner  as  was  vested  in  the  school  commis- 


3’} 


sioners. 

Form  of  bond.  § 12.  The  bond  required  in  the  foregoing  section  shall 
be  in  the  following  form,  viz  : 

STATE  OF  ILLINOIS, 

County. 

Know  all  men  by  these  presents,  that  we,  A.  B.,  C.  D.  and  E.  F.,  are 
held  and  firmly  bound,  jointly  and  severally,  unto  the  people  of  the  state 

of  Illinois,  in  the  penal  sum  of dollars,  to  the  payment  of  which 

we  bind  ourselves,  our  heirs,  executors  and  administrators,  firmly  by  these 
presents. 

In  witness  whereof,  we  have  hereunto  set  our  hands  and  seals,  this 

day  of A.  D.,  186. 

The  condition  of  the  above  obligation  is  such,  that  if  the  above  bounded 
A.  B.,  county  superintendent  of  the  county  aforesaid,  shall  faithfully  dis- 
charge all  the  duties  of  said  office  according  to  the  laws  which  now  are, 
or  may  hereafter  be  in  force,  and  shall  deliver  over  to  his  successor  in 
office  all  moneys,  books,  papers  and  property  in  his  hands  as  such  county 
superintendent,  then  this  obligation  to  be  void  ; otherwise  to  remain  in 
full  force  and  virtue. 


Liable  to  remo- 


SEAL.] 
SEAL.] 
SEAL.] 

And  which  bond  shall  be  filed  in  the  office  of  the  county 
court. 

§ 13.  The  said  superintendent  shall  be  liable  to  removal 
by  the  county  court,  (or  in  counties  adopting  township  or- 
ganization, by  the  board  of  supervisors,)  for  any  palpable 
violation  of  law  or  omission  of  duty ; and  if  a majority  of 
said  court  or  board  of  supervisors  shall  at  any  time  be  sat- 
isfied that  his  bond  is  insufficient,  it  shall  be  his  duty,  on  no- 
Execute  a new  tice,  to  execute  a new  bond,  to  be  payable,  conditioned  and 
m approved  as  the  first  bond,  the  execution  of  which  shall  not 

affect  the  old  bond,  or  the  liability  of  the  security  thereof; 
vacancy  to  be  and  when  the  office  of  county  superintendent  shall  become 
- vacant  by  death,  resignation,  or  otherwise,  the  county  court, 
or  board  of  supervisors,  shall  fill  the  same  by  appoint- 
ment for  the  unexpired  term,  and  the  person  so  appointed 
shall  hold  his  office  until  his  successor  shall  be  quali- 
fied. 


filled  by 
pointment. 


7 


§ 14.  The  said  superintendent  shall  provide  three  well  T°00ks  tp0ro^‘ 
bound  books,  to  be  known  and  designated  by  the  letters  A,  ^eJc^aij*n^ 
B,  C,  for  the  following  purposes : In  book  A he  shall  record  and  moneys  rw- 
at  length  all  petitions  presented  to  him  for  the  sale  of  com-  celv*d- 
mon  school  lands,  and  the  plats  and  certificates  of  valuation 
made  by  or  under  the  direction  of  the  trustees  of  schools, 
and  the  affidavits  in  relation  to  the  same.  In  book  B he 
shall  keep  an  account  of  all  sales  of  common  school  lands ; 
which  account  shall  contain  the  date  of  sale,  name  of  pur- 
chaser, description  of  lands  sold,  and  the  sum  sold  for.  In 
book  C he  shall  keep  a regular  account  of  all  moneys  re- 
ceived for  lands  sold,  or  otherwise,  and  loaned  or  paid  out ; 
the  person  of  whom  received,  and  on  what  account,  and 
showing  whether  it  is  principal  or  interest ; the  person  to 
whom  loaned,  the  time  for  which  the  loan  was  made,  the 
rate  of  interest ; the  names  of  the  securities  when  personal 
security  is  taken,  or  if  real  estate  is  taken  as  security,  a de- 
scription of  said  real  estate,  and  if-  paid  out,  to  whom,  when, 
and  on  what  account,  and  the  amount  paid  out ; the  list  of 
sales,  and  the  accounts  of  each  fund  to  be  kept  separate. 

Said  book  shall  be  paid  for  out  of  the  county  treasury  of  the 
counties  in  which  they  are  used. 

§ 15.  Whenever  the  bond  of  the  township  treasurer,  ap-  treasu™ 
proved  by  the  board  of  trustees  of  schools,  as  required  by 
law,  shall  be  delivered  to  the  county  superintendent,  he  shall 
carefully  examine  the  same,  and  if  the  instrument  is  found 
to  be  in  all  respects  according  to  law,  and  the  securities  good 
and  sufficient,  he  shall  endorse  his  approval  thereon,  and  file 
the  same  with  the  papers  of  his  office ; but  if  said  bond  is 
in  any  respect  defective,  he  shall  return  it  for  correction. 

When  the  bond  shall  have  been  duly  received  and  filed,  the 
superintendent  shall,  on  demand,  deliver  to  said  township 
treasurer,  all  moneys,  bonds,  mortgages,  notes  and  securi- 
ties, and  all  papers  of  every  description  belonging  to  said 
township ; and  the  said  township  treasurer  shall  receipt  for 
the  same,  which  receipt  shall  be  carefully  filed  and  preserved 
by  the  county  superintendent,  and  shall  be  evidence  of  the 
fact  therein  stated. 

§ 16.  Upon  the  receipt  of  the  amount  due  upon  the  county  superia- 
auditor’s  warrant,  the  county  superintendent  shall  appor-  togta?e 

tion  one-third  of  said  amount  to  the  several  townships  and  fund* 
parts  of  townships  in  his  county,  in  proportion  to  the  num- 
ber of  acres  therein,  and  the  remaining  two-thirds  to  the 
several  townships  and  fractionalrtownshipsUn  his  county, 
according  to  the  number  of  white  children,  under  twenty- 
one  ^ears  of  age,  returned  to  him,  in  which  townships  or 
parts  of  townships  schools  have  been  kept  in  accordance 
with  the  provisions  of  this  act,  and  with  the  instructions  of 
the  state  and  county  superintendents,  and  shall  pay  over 
the  distributive  share  belonging  to  each  township  and  frac- 
tional township,  to  the  respective  township  treasurers,  or 


8 


To  report  to 
state  superin- 
tendent. 


Liable  to  remo- 
ral. 


To  deliver  over 
money  and  pro- 
perty to  suces- 
sors. 


To  loan  funds. 


other  authorized  persons,  annually;  and  when  there  is  a 
county  fund  in  the  hands  of  any  county  superintendent,  he 
shall  loan  the  same  at  any  rate  of  interest  not  less  than  six 
per  cent.,  nor  more  than  ten  per  cent.,  said  rate  to  be  fixed 
by  the  county  court  or  board  of  supervisors,  and  apportion 
the  interest  as  provided  in  this  section  : Provided , that  no 
part  of  the  state,  county,  or  other  school  fund  shall  be  paid 
to  any  township  treasurer  or  other  person,  authorized  by 
said  treasurer,  unless  said  township  treasurer  has  filed  his 
bond  as  required  by  the  fifty-fifth  section  of  the  act,  nor  in 
case  said  treasurer  is  re-appointed  by  the  trustees,  unless  he 
shall  have  renewed  his  bond  and  filed  the  same  as  afore- 
said. 

§ IT.  On  or  before  the  second  Monday  of  November 
before  each  regular  session  of  the  general  assemby,  or  an- 
nually if  so  required  by  the  state  superintendent,  the  county 
superintendent  shall  communicate  to  said  state  superinten- 
dent all  such  information  and  statistics  upon  the  subject 
of  schools  in  his  county  as  the  said  state  superintendent 
is  bound  to  embody  in  his  report  to  the  governor,  and 
such  other  information  as  the  state  superintendent  shall 
require ; and  no  county  from  which  such  report  is  not 
received  in  the  manner  and  within  the  time  required  by 
law,  shall  be  entitled  to  any  part  of  the  state  school  fund 
for  the  year  next  succeeding  that  in  which  no  report  was 
made ; and  the  county  superintendent  so  failing  or  refus- 
ing to  report,  shall  be  liable  to  removal  by  the  county 
court  or  board  of  supervisors,  for  such  neglect  of  duty  : 
Provided , that  the  state  superintendent  may  remit  the  for- 
feiture of  funds  prescribed  in  this  section,  for  satisfactory 
cause. 

§ 18.  The  county  superintendent,  upon  his  removal  or 
resignation,  or  at  the  expiration  of  his  term  of  service,  (or 
in  case  of  his  death,  his  representatives,)  shall  deliver  over 
to  his  successor  in  office,  on  demand,  all  moneys,  books, 
papers  and  personal  property  belonging  to  the  office,  or  sub- 
ject to  the  control  or  disposition  of  the  county  superinten- 
dent. 

§ 19.  The  county  superintendent  may  loan  any  money, 
not  interest,  belonging  to  the  county  fund,  before  the  same 
is  called  for  according  to  law  by  the  township  treasurer, 
at  the  same  rate  of  interest,  upon  the  same  security  and  for 
the  same  length  of  time  as  is  provided  by  this  act  in  rela- 
tion to  the  township  treasurers ; and  notes  and  mortgages 
taken  in  the  name  of  the  “ county  superintendent  ” of  the 
proper  county,  shall  be,  and  all  loans  heretofore  made  in 
the  name  of  the  “ school  commissioners,”  are  hereby  de- 
clared to  be  as  valid  as  if  taken  in  the  name  of  the  “ trus- 
tees of  schools  ” of  the  proper  township,  and  suits  may  be 
brought  in  the  name  of  the  “county  superintendents”  on 


Q 


t/ 


all  notes  and  mortgages  heretofore  or  hereafter  made  paya- 
ble to  county  superintendents. 

§ 20.  It  shall  be  the  duty  of  the  county  superintendent 
to  visit  every  school  in  his  county  at  least  once  each  year, 
and  oftener  if  practicable,  and  to  note  the  methods  of  in- 
struction, the  branches  taught,  the  text-books  used,  and  the 
discipline,  government  and  general  condition  of  the  schools. 
He  shall  give  such  directions  in  the  science,  art  and  methods 
of  teaching  as  he  may  deem  expedient  and  necessary,  and 
shall  be  the  official  adviser  and  constant  assistant  of  the 
school  officers  and  teachers  of  his  county,  and  shall  faith- 
fully carry  out  the  advice  and  instructions  of  the  state  super- 
intendent. He  shall  encourage  the  formation  and  assist  in 
the  management  of  county  teachers’  institutes,  and  labor  in 
every  practicable  way  to  elevate  the  standard  of  teaching 
and  improve  the  condition  of  the  common  schools  of  his 
county.  In  all  controversies  arising  under  the  school  law, 
the  opinion  and  advice  of  the  county  superintendent  shall 
first  be  sought,  whence  appeal  may  be  taken  to  the  state 
superintendent,  upon  a written  statement  of  facts,  certified 
by  the  county  superintendent. 

§ 24.  In  all  cases  where  the  township  board  of  trustees 
of  any  township  shall  fail  to  prepare  and  forward,  or  cause 
to  be  prepared  and  forwarded,  to  the  county  superintendent, 
the  information  and  statistics  required  of  them  in  this  act,  it 
shall  be  the  duty  of  said  county  superintendent  to  employ  a 
competent  person  to  take  the  enumeration  and  furnish  said 
statistical  statement  as  far  as  practicable,  to  the  superintend- 
ent ; and  said  person  so  employed  shall  have  free  access  to 
books  and  papers  of  said  township,  to  enable  him  to  make 
such  statement ; and  the  township  treasurer,  or  other  officer 
or  person  in  whose  custody  such  books  and  papers  may  be, 
shall  permit  said  person  to  examine  such  books  and  papers, 
at  such  times  and  places  as  such  person  may  desire  for  the 
purposes  aforesaid ; and  the  said  county  superintendent 
shall  allow,  and  pay,  to  the  person  so  employed  by  him,  for 
the  services,  such  amount  as  he  may  judge  reasonable,  ont 
of  any  money  which  is  or  may  come  into  said  superintend- 
ent’s hands,  apportioned  as  the  share  of,  or  belonging  to, 
such  township;  and  the  said  county  superintendent  shall 
proceed  to  recover  and  collect  the  amount  so  allowed  or 
paid  for  such  services,  in  a civil  action  before  any  justice  of 
the  peace  in  the  county,  or  before  any  court  having  juris- 
diction, in  the  name  of  the  people  of  the  state  of  Illinois,  of 
and  against  the  trustees  of  schools  of  said  township,  in  their 
indivichl&l  capacity ; and  in  such  suit  or  suits  the  said 
county  superintendent  and  township  treasurer  shall  be  com- 
petent witnesses ; and  the  money  so  recovered,  when  col- 
lected, shall  be  paid  over  to  the  county  superintendent  for 
the  benefit  of  said  township,  to  replace  the  money  as  taken 
aforesaid. 


To  visit  schools 
in  his  county. 


Controversies — 
method  of  ad- 
justment. 


Duty  in  case  of 
failure  to  make 
returns. 


Compensation. 


County  superin- 
tendent shall 
institute  suit. 


10 


May  re-sell  real 
estate. 


Trustees  made 
body  politic. 


To  draw  lots  for 
term  of  office. 


Eligibility  to  of- 
fice of  trustees. 


Election  of  trus- 
tees. 


§ 22.  When  any  real  estate  shall  have  been  taken  for 
debts  due  to  any  school  fund,  the  title  to  which  real  estate 
has  become  vested  in  any  county  superintendent,  or  trustees 
of  schools,  for  the  use  of  the  inhabitants  of  two  or  more 
townships,  the  county  superintendent  may  re-sell  such  real 
estate  for  the  benefit  of  said  townships,  under  the  provisions 
of  this  act  regulating  the  sale  of  the  common  school  lands ; 
and  the  said  superintendent  is  hereby  authorized  to  execute 
conveyances  to  purchasers ; and  said  superintendent  shall  be 
entitled  to  retain  the  same  per  centage  on  the  amount  of 
such  sale,  out  of  the  assets  thereof,  as  he  is  entitled  to  for 
selling  the  common  school  lands. 

TOWNSHIPS — TRUSTEES  OF  SCHOOLS. 

§ 23.  Each  congressional  township  is  hereby  established 
a township  for  school  purposes.  The  business  of  the  town- 
ship shall  be  done  by  three  trustees,  to  be  elected  by  the 
legal  voters  of  the  township,  who,  upon  their  election,  as 
hereinafter  provided,  shall  be  a body  politic  and  corporate, 
by  the  name  and  style  of  “trustees  of  schools  of  township 
, range ,”  according  to  the  number.  The  said  cor- 
poration shall  have  perpetual  existence,  shall  have  power  to 
sue  and  be  sued,  to  plead  and  be  impleaded,  in  all  courts  and 
places  where  judicial  proceedings  are  had.  Said  trustees 
shall  continue  in  office  three  (3)  years,  and  until  others  are 
elected  and  enter  upon  the  duties  of  their  office.  At  the  first 
regular  election  of  trustees,  after  the  passage  of  this  act, 
three  trustees  shall  be  elected,  who  shall,  at  their  first  meet- 
ing, which  shall  be  within  ten  days  after  said  election,  draw 
lots  for  their  respective  terms  of  office,  for  one,  two  and  three 
years,  and  thereafter  one  trustee  shall  be  elected  annually, 
If  but  two  of  the  trustees  elect  shall  be  present  at  the  first 
meeting  as  aforesaid,  they  shall  draw  lots  as  aforesaid,  and 
the  lot  not  drawn  shall  determine  and  fix  the  term  of  office 
of  the  remaining  trustee. 

§ 24.  No  person  shall  be  eligible  to  the  office  of  trustee 
of  schools,  unless  he  shall  be  twenty-one  years  of  age,  and 
a resident  of  the  township. 

§ 25.  The  election  of  trustees  of  schools  shall  be  on  the 
second  Monday  in  October,  annually ; but  in  townships 
where  such  election  has  not  been  heretofore  had,  or  where 
there  are  no  trustees  of  schools,  the  election  of  trustees  of 
schools  may  be  holden  on  any  Monday;  notice  being  given 
as  hereinafter  in  this  section  required.  The  first  election 
shall  be  ordered,  if  in  townships  already  incorporated,  by  the 
trustees  of  schools  of  the  township,  the  township  treasurer 
giving  notice  of  the  time  and  place  by  posting  up  notices  of 
the  same  at  least  ten  days  previous  to  the  day  of  election, 
at  or  in  the  school  house,  or  in  the  most  public  place  in 
every  school  district  in  the  township.  If  there  are  no  trus- 


11 


tees  of  schools  in  a township,  the  clerk  of  the  county  court 
shall  cause  the  notice  to  be  given  as  aforesaid.  For  all 
subsequent  elections,  the  like  notices  shall  be  given  by  the 
trustees  of  schools,  through  the  township  treasurer : Pro-  Provi8°- 
vided , that,  if  upon  any  day  appointed  as  aforesaid,  for 
election  aforesaid,  the  said  trustees  of  schools,  or  judges, 
shall  be  of  opinion  that,  on  account  of  the  small  attendance 
of  voters,  the  public  good  requires  it,  or  if  the  voters  pre- 
sent, or  a majority  of  them,  shall  desire  it,  they  shall  post- 
pone said  election  until  the  next  Monday,  and  at  the  same 
place  and  hour ; at  which  meeting  the  voters  shall  proceed 
as  if  it  were  not  a postponed  or  adjourned  meeting:  And , further  proviso. 
provided , also , that  if  notice  shall  not  have  been  given  as 
above  required,  then,  and  in  that  case,  said  election  may  be 
ordered  as  aforesaid,  and  holden  on  the  first  Monday  in  No- 
vember, or  any  other  Monday  $■  notice  thereof  being  given 
as  aforesaid:  And , provided,  also , that  if  the  township  treas-  Further  pr0S1S0- 
urer  shall  fail  or  refuse  to  give  notice  of  the  regular  election 
of  trustees,  as  aforesaid,  and  if,  in  case  of  a vacancy,  the 
remaining  trustee,  or  trustees,  shall  fail  or  refuse  to  order 
an  election  to  fill  such  vacancy,  as  required  in  section  twen- 
ty-nine of  the  act,  then,  and  in  each  case,  it  shall  be  the  duty 
of  the  county  superintendent  to  order  an  election  of  trus- 
tees, or  to  fill  vacancies,  as  aforesaid,  and  all  elections  so  or- 
dered and  held  shall  be  valid  to  all  intents  and  purposes 
whatever. 

§ 26.  Two  of  the  trustees  of  schools  of  incorporated  of  eaj^ 
townships,  if  present,  shall  act  as  judges,  and  one  as  clerk  tion. 
of  said  election.  If  said  trustees  shall  fail  to  attend,  or  re- 
fuse to  act  when  present,  and  in  townships  unincorporated, 
the  qualified  voters  present  shall  choose  from  amongst  them- 
selves, three  judges  and  a clerk  to  open  and  conduct  said 
election. 

§ 27.  The  time  and  manner  of  opening,  conducting  and  TJ“®t’ionetc'’  of 
closing  said  election,  and  the  several  liabilities  appertaining 
to  the  judges  and  clerks,  and  to  the  voters  separately  and 
collectively,  and  the  manner  of  contesting  said  elections 
shall  be  the  same  as  prescribed  by  the  general  election  laws 
of  this  state,  defining  the  manner  of  electing  magistrates 
and  constables,  so  far  as  applicable,  subject  to  the  provisions 
of  this  act : Provided , the  judges  may  close  said  election  at 
four  o’clock  p.  m. 

§ 28.  No  person  shall  vote  at  said  election  unless  he  pos-  Voters,  tie. 
sesses  the  qualification  of  a voter  at  a general  election.  In 
case  of  a tie  at  such  election  it  shall  be  determined  by  lot,  on 
the  day  of  election,  by  the  judges  thereof. 

§ 29.  When  a vacancy  or  vacancies  shall  occur  in  the  vacancy, 
board  of  trustees  of  schools,  the  remaing  trustee  or  trustees 
shall  order  an  election  to  fill  such  vacancy,  upon  any  Mon- 
day ; notice  to  be  given  as  required  in  section  twenty-five 
hereof. 


12 


Poll  book  deliv- 
ered to  super- 
intendent. 


Powers  of  trus- 
tees and  succes- 
sors. 


Meeting  of  trus- 
tees. 


Clerk  of  board. 


To  divide  into 
districts  and 
prepare  maps, 
etc. 


§ 30.  Upon  the  election  of  trustees  of  schools,  the  judges 
of  the  election  shall  cause  the  poll  book  of  said  election  to  be 
delivered  to  the  county  superintendent  of  the  county,  with  a 
certificate  thereon,  showing  the  election  of  said  trustees  and 
names  of  the  persons  elected  ; which  poll  book,  with  the  cer- 
tificate, shall  be  filed  by  said  superintendent,  and  shall  be 
evidence  of  such  election. 

§ 31.  The  said  trustees  of  schools,  elected  as  aforesaid, 
shall  be  successors  to  the  trustees  of  school  lands,  appointed 
by  the  county  commissioners’  court,  and  of  trustees  of 
schools  elected  in  townships,  under  the  provisions  of  “An 
act  making  provisions  for  organizing  and  maintaining  com- 
mon schools,”  approved  February  26,  1811,  and  of  “An  act 
to  establish  and  maintain  common  schools,”  approved  March 
1,  184T.;  ML  rights  of  property,  and  rights  and  causes  of 
action,  existing  or  vested  in?  the  trustees  of  school  lands,  or 
trustees  of  schools  appointed  or  elected  as  aforesaid,  for  the 
use  of  the  inhabitants  of  the  township,  or  any  part  of  them, 
shall  vest  in  the  trustees  of  schools  as  successors,  in  as  full 
and  complete  a manner  as  was  vested  in  the  school  commis- 
sioner, (the  trustees  of  school  lands,)  or  the  trustees  of  schools 
appointed  and  elected  as  aforesaid. 

§ 32.  It  shall  be  the  duty  of  the  board  of  trustees  to 
hold  regular  semi-annual  meetings  on  the  first  Mondays  of 
April  and  October,  and  special  meetings  may  be  held  at  such 
other  times  as  they  may  think  proper.  Special  meetings 
of  the  board  may  be  called  by  the  president,  or  any  two 
members  thereof,  and  at  all  meetings,  two  members  of  the 
board  shall  be  a quorum  for  business.  The  board  shal 
organize  by  appointing  one  of  their  number  president,  and 
some  person,  who  shall  not  be  a director  or  trustee,  treas- 
urer, who  shall  be,  ex-officio,  clerk  of  the  board.  The  pre- 
sident shall  hold  his  office  for  one  year,  and  the  treasurer 
for  two  years,  and  until  their  successors  are  appointed  ; but 
either  of  said  officers  may  be  removed  by  the  board  for  good 
cause.  It  shall  be  the  duty  of  the  president  to  preside  at 
the  meetings  of  the  board ; and  it  shall  be  the  duty  of  the 
clerk  to  be  present  at  all  meetings  of  the  board,  and  to  re- 
cord in  a book  to  be  provided  for  that  purpose,  all  their  offi- 
cial proceedings,  which  shall  be  a public  record,  open  to  the 
inspection  of  any  person  interested  therein ; and  all  of  said 
proceedings,  when  recorded,  shall  be  signed  by  the  presi- 
dent and  clerk.  If  the  president  or  clerk  shall  be  absent,  or 
refuse  to  perform  any  of  the  duties  of  his  office  at  any  meet- 
ing of  the  board,  a president  or  clerk,  pro  temjpore,  may  be 
appointed. 

§ 33.  Trustees  of  schools  shall  lay  off  the  township  in- 
to one  or  more  districts,  to  suit  the  wishes  and  convenience 
of  a majority  of  the  inhabitants  of  their  township,  and  shall 
prepare,  or  cause  to  be  prepared,  a map  of  their  township, 
as  often  as  may  be  necessary,  on  which  map  shall  be  desig- 


13 


nated  district  or  districts,  to  be  styled,  “ district  No. , 

in  township  No.  which  districts  they  may  alter  or 

change  at  any  regular  session  ; which  map  shall  be  certified 
by  the  president  and  clerk  of  the  board,  and  filed  with  and 
recorded  by  the  county  clerk,  in  a book  to  be  kept  for  that 
purpose,  to  be  paid  for  out  of  the  county  treasury : Provi-  School  districts 
ded,  that  school  districts  may  be  formed  out  of  parts  of  two  be^°0rm^ 
or  more  townships,  or  fractional  townships,  in  which  case  moretownshipa 
the  trustees  of  schools  of  the  townships  interested,  shall 
concur  in  the  formation  of  such  districts.  When  a new  Funds  to  be  dWi- 
district  is  formed  from  one  or  more  districts,  the  trustees  £on  intoprtaxe# 
of  the  township  or  townships  concerned,  shall  make  divis-  collected, 
ion  of  any  tax  funds,  or  other  funds  which  are  or  may  be 
in  the  hands  of  the  township  treasurer  or  treasurers,  in 
proportion  to  the  amount  of  taxes  collected  from  the  prop- 
erty remaining  in  each  district ; and  all  school  property  be- 
longing to  the  district  or  districts  out  of  which  the  new  dis- 
trict is  formed  shall  be  appraised  in  a just  and  equitable 
manner,  and  the  estimated  value  shall  be  distributed  by  the 
trustees  among  the  districts  concerned,  in  proportion  to  the 
amount  of  taxable  property  remaining  in  each,  and  the 
town  treasurer  or  treasurers  shall  forthwith  place  the  sums 
so  distributed  to  the  credit  of  the  respective  districts,  subject 
to  the  order  of  the  directors  thereof:  Provided , that  the  Funds,  when di- 
funds  on  hand  shall  be  divided  at  the  time  such  new  district  vided- 
is  formed,  and  that  all  funds  payable,  but  not  yet  received 
by  the  treasurer  or  treasurers,  shall  be  divided  as  soon  as 
received,  and  that  the  school  property  shall  be  appraised  and 
apportioned  as  aforesaid  within  three  months  from  the 
formation  of  such  new  district.  And  when  any  two  or 
more  districts  shall  be  consolidated  into  one,  the  new  district 
shall  own  all  the  corporate  property  and  funds  of  the  several 
districts. 

§ 34.  At  the  regular  semi-annual  meetings  on  the  first  Trustees  to  aP- 
Mondays  of  April  and  October,  the  trustees  shall  ascertain  portlon  un  s' 
the  amount  of  state,  county  and  township  funds  on  hand 
and  subject  to  distribution,  and  shall  apportion  the  same  as 
follows:  First,  two  per  cent,  to  the  township  treasurer. 

Second,  whatever  may  be  due  for  the  books  of  the  treas- 
urer, and  such  sum  as  may  be  deemed  reasonable  for  divi- 
ding school  lands,  making  plats,  etc.  Third,  of  the  remain- 
der, one-half  shall  be  divided  among  the  districts  in  pro- 
portion to  the  number  of  children  under  twenty-one  years 
of  age  in  each,  and  the  other  half  in  proportion  to  the  at- 
tendance certified  in  the  schedules.  The  funds  thus  appor- 
tion ed'shall  be  placed  on  the  books  of  the  treasurer  to  the 
credit  of  the  respective  districts,  and  the  same  shall  be  paid 
out  by  the  treasurer  on  the  legal  orders  of  the  directors  of 
the  proper  districts. 

’ § 35.  Pupils  shall  not  be  transferred  from  one  district  Pupils,  how 
to  another  without  the  written  consent  of  a majority  of  the  transferred* 


14: 


directors  of  botli  districts;  which  written  permits  shall  he 
delivered  to  and  filed  by  the  proper  township  treasurer,  and 
shall  be  evidence  of  such  consent.  A separate  schedule 
shall  be  kept  for  each  district,  and  in  each  schedule  shall  be 
certified  the  proper  amount  due  the  teacher  from  that  dis- 
trict, computed  upon  the  basis  of  the  total  number  of  days’ 
Schedules,  how  attendance  of  all  the  schedules.  If  the  districts  from  which 
reaid1Dt?  beata^  ^ie  PUP^S  are  transferred  are  in  the  same  township  as  the 
ken  as  evidence  district  in  which  the  school  is  taught,  the  directors  of  said 
district  shall  deliver  the  separate  schedules  to  their  town- 
ship treasurer,  who  shall  credit  the  district  in  which  the 
school  was  taught,  and  charge  the  other  districts  with  the 
respective  amounts  certified  in  separate  schedules  to  be  due. 
If  pupils  are  transferred  from  a district  of  another  town- 
ship, the  schedule  for  that  district  shall  be  delivered  to  the 
directors  thereof,  who  shall  immediately  draw  an  order  on 
their  treasurer,  in  favor  of  the  teacher,  for  the  amount  certi- 
consoiidation  of  to  be  due  in  said  separate  schedules.  A majority  of  the 
districts.  directors  of  each  of  two  or  more  districts  may  consolidate 
said  districts  and  appoint  three  directors  for  the  union  dis- 
trict so  formed,  who  shall  be  styled,  “ directors  of  union 

district  No.  , township  No. who  shall  have  all 

the  powers  conferred  by  law  upon  other  school  directors. 
The  proceedings  of  the  act  of  consolidation  shall  be  signed 
by  a majority  of  each  of  the  concurring  boards  of  directors, 
and  delivered  to  the  trustees  of  the  proper  township,  and 
shall  be  evidence  of  such  consolidation ; and  upon  receiving 
a copy  of  said  proceedings,  it  shall  be  the  duty  of  the  trus- 
tees to  change  the  map  of  the  township  in  accordance  there- 
with, and  file  the  same  with  the  clerk  of  the  county  court. 
The  separate  boards  of  directors  shall  then  be  dissolved,  and 
the  union  directors  shall  draw  lots  tor  their  respective  terms 
of  office  and  be  thereafter  elected  as  provided  in  the  forty- 
second  section  of  the  act. 

Trustees  report  § 36.  The  board  of  trustees  of  each  township  in  this 
periSdentsu'  s^a^e  prepare,  or  cause  to  be  prepared,  by  the  town- 

ship treasurer,  the  clerk  of  the  board,  or  other  person,  and 
forwarded  to  the  county  superintendents  of  the  county  in 
which  the  township  lies,  on  or  before  the  second  Monday  of 
October,  preceding  each  regular  session  of  the  general  as- 
sembly of  this  state,  and  at  such  other  times  as  may  be  re- 
quired by  the  county  superintendent,  or  by  the  state  su- 
perintendent of  public  instruction,  a statement  exhibiting 
the  condition  of  schools  in  their  respective  townships  for 
the  preceding  biennial  period,  giving  separately  each  year, 
commencing  on  the  first  Mondays  of  October,  and  ending 
on  the  last  of  September ; which  statement  shall  be  as  fol- 
No.  of  schools,  lows  : First,  the  whole  number  of  schools  which  have  been 
taught  in  each  year;  what  part  of  said  school^  have  been 
taught  by  males  exclusively;  what  part  have  been  taught 
by  females  exclusively ; what  part  of  said  whole  number 


15 


have  been  taught  by  males  and  females  at  the  same  time, 
and  what  part  by  males  and  females  at  different  periods. 

Second,  the  whole  number  of  scholars  in  attendance  at  all  Number  of  schoi- 
the  schools,  giving  the  number  of  males  and  females  sepa- 
rately. Third,  the  number  of  male  and  female  teachers,  Number  of  teach- 
giving  each  separately;  the  highest,  lowest,  and  average  er8‘ 
monthly  compensation  paid  to  male  and  female  teachers, 
giving  each  item  separately.  Fourth,  the  number  of  per-  N““JCT  of  chl1* 
sons  under  twenty-one  years  of  age.  Fifth,  the  amount  of  Amount  of  fund, 
the  principal  of  the  township  fund ; the  amount  of  the  in- 
terest on  the  township  fund  paid  into  the  township  treasury; 
the  amount  of  state  or  common  school  fund  received  by  the 
township  treasurer;  the  amount  raised  by  ad  valorem  tax  Amount  of  tax. 
and  the  amount  of  such  tax  received  into  the  township  trea- 
sury, and  the  amount  of  all  other  funds  received  into  the 
township  treasury.  Sixth,  amount  paid  for  teachers’  wages  ; Amount  expend- 
the  amount  paid  for  school  house  lots;  the  amount  paid  for  ed' 
building,  repairing,  purchasing,  renting  and  furnishing 
school  houses ; the  amount  paid  for  school  apparatus,  for 
books  and  other  incidental  expenses  for  the  use  of  school 
libraries ; the  amount  paid  as  compensation  to  township  offi- 
cers and  others.  Seventh,  the  whole  amount  of  the  receipts  Other  lnforma- 
and  expenditures  for  school  purposes,  together  with  such  ed°n  as  requir* 
other  statistics  and  information  in  regard  to  schools  as  the 
state  superintendent  or  county  superintendent  may  require. 

And  any  township  from  which  such  report  is  not  received  in  Forfeiture, 
the  manner  and  time  required  by  law,  shall  forfeit  its  por- 
tion of  the  public  funds  for  the  next  ensuing  year : Provided, 
that  upon  the  recommendation  of  the  county  superintendent, 
or  for  good  and  sufficient  reasons,  the  state  superintendent 
may  remit  such  forfeiture. 

§ 37.  In  all  cases  where  a township  is  or  shall  be  divided  separate  ena- 
by  a county  line  or  lines,  the  board  of  trustees  of  such  town-  made?011 10  ** 
ship  shall  make  or  cause  to  be  made,  separate  enumerations 
of  male  and  female  white  persons  of  the  ages  as  directed  in 
the  foregoing  section  of  this  act,  designating  separately  the 
number  residing  in  each  of  the  counties  in  which  such  may 
lie,  and  forward  each  respective  number  to  the  proper  county 
superintendent  of  each  of  said  counties ; and  in  like  man- 
ner, as  far  as  practicable,  all  other  statistics  and  information 
enumerated  and  required  to  be  reported  in  the  aforesaid  sec- 
tion, shall  be  separately  reported  to  the  several  county  super- 
intendents ; and  all  such  parts  of  said  statistical  information 
as  are  not  susceptible  of  division,  and  are  impracticable  to  be 
reported  separately,  shall  be  reported  to  the  county  superin- 
tendent of  the  county  in  which  the  sixteenth  section  of  such 
township  is  situated. 

§ 38.  At  each  semi-annual  meeting,  and  at  such  other  Boots  and  von- 
meetings  as  they  may  think  proper,  the  said  township  board  amhfed°.  9 9K~ 
shall  examine  all  books,  notes,  mortgages,  securities,  pa- 
pers, moneys  and  effects  of  the  corporation,  and  the  ac- 


16 


May  receive  do- 
nations, etc. 


The  control  of 
school  houses 
vested  in  the 
board  of  direct- 
ors. 


Money  to  be 
paid  to  town- 
ship treasurer. 


Trustees  to  pur- 
chate  real  es- 
tate. 


counts  and  vouchers  of  the  township  treasurer,  or  other 
township  school  officer,  and  shall  make  such  order  thereon 
for  their  security,  preservation,  collection,  correction  of  er- 
rors, if  any,  and  for  their  proper  management,  as  may  seem 
to  said  board  necessary. 

§ 39.  The  board  of  trustees  of  each  township  in  the 
state  may  receive  any  gift,  grant,  donation  or  demise  made 
for  the  use  of  any  school  or  schools,  or  library,  or  other 
school  purposes  within  their  jurisdiction;  and  they  shall  be, 
and  are  hereby  invested  in  their  corporate  capacity,  with 
the  title,  care  and  custody  of  all  school  houses  and  school 
house  sites;  but  the  supervision  and  control  of  them  is  ex- 
pressly vested  in  the  directors  of  each  district  in  which  said 
property  is  situated  ; and  when,  in  the  opinion  of  the  school 
directors,^  the  school  house  site  has  become  unnecessary,  or 
unsuitable,  or  inconvenient  for  a school,  said  board  shall 
sell  and  convey  the  same  in  the  name  of  the  said  board, 
after  giving  at  least  twenty  days’  notice  of  such  sale,  by 
posting  up  written  or  printed  notices  thereof,  particularly 
describing  said  property  and  terms  of  sale,  and  such  con- 
veyance shall  be  executed  by  the  president  and  clerk  of  said 
board,  and  the  avails  shall  be  paid  over  to  the  township 
treasurer  for  the  benefit  of  said  district,  and  all  conveyances 
of  real  estate  which  may  be  made  to  said  board,  shall  be  made 
to  said  board  in  their  corporate  name,  and  to  their  successors 
in  office. 

§ 40.  The  township  board  shall  cause  all  moneys  for 
the  use  of  the  townships  to  be  paid  over  to  the  township 
treasurer.  They  shall  have  power,  also,  to  remove  the 
township  treasurer  at  any  time,  for  any  failure  or  refusal 
to  execute  or  comply  with  any  order  or  requisition  of  said 
board,  legally  made,  or  any  other  improper  conduct  in  the 
discharge  of  his  duty  as  treasurer,  or  at  any  time  they  may 
deem  such  removal  expedient.  They  shall  also  have  power, 
for  any  failure  or  refusal  as  aforesaid,  to  sue  him  upon  his 
bond. 

§ 41.  The  township  trustees  are  hereby  vested  with 
general  power  and  authority  to  purchase  real  estate,  if  in 
their  opinion  the  interests  of  the  township  fund  will  be  pro- 
moted thereby,  in  satisfaction  of  any  judgment  or  decree 
wherein  the  said  board  or  county  superintendent  are  plain- 
tiffs or  complainants ; and  the  title  of  such  real  estate  so 
purchased  shall  vest  in  said  board,  for  the  use  of  the  inhabi- 
tants of  said  township,  for  school  purposes;  and  all  pur- 
chases of  land  heretofore  made  by  county  superintendents, 
or  trustees  of  school  lands,  or  trustees  of  schools,  for  the  use 
of  any  fund  or  township  for  the  use  of  schools,  are  hereby 
declared  valid.  The  said  board  are  hereby  vested  with 
general  power  and  authority  to  make  all  settlements  with 
persons  indebted  to  them  in  their  official  capacity ; or  re- 
ceive deeds  of  real  estate  in  compromise ; and  to  cancel  in 


lr 


such  manner  as  they  may  think  proper,  notes,  bonds,  mort- 
gages, judgments  and  decrees,  existing,  or  that  may  here- 
after exist,  for  the  benefit,  of  the  township,  when  the  interest 
of  said  township,  or  the  fund  concerned,  shall  in  their  opin- 
ion, require  it ; and  their  action  shall  be  valid.  Said  board  May  sen. 
of  trustees  are  hereby  authorized  to  sell  or  lease,  at  public 
auction,  any  land  that  may  come  into  their  possession,  in 
such  manner  and  on  such  terms,  as  they  shall  deem  for  the 
interest  of  the  township  : Provided , that  in  all  cases  of  sale  proviso, 
of  land,  as  provided  in  this  section,  the  sale  shall  be  made 
at  the  same  place,  and  notice  given  of  it  in  the  same  manner 
as  is  provided  in  this  act  for  the  sale  of  the  sixteenth  section. 

SCHOOL  DIRECTORS — THEIR  ELECTION  AND  DUTIES. 

§ 42.  The  annual  election  of  school  directors  shall  be  on  Electron  of  di- 
the  first  Monday  of  August,  when  one  director  shall  be  rectors* 
elected  in  each  district,  who  shall  hold  his  office  for  three 
years,  and  until  his  successor  is  elected.  In  new  districts  First  election— 
the  first  election  may  be  on  any  Monday,  notice  being  given  notice  thereof- 
by  the  township  treasurer,  as  for  the  election  of  trustees, 
when  three  directors  shall  be  elected,  who  shall,  at  their 
first  meeting,  draw  lots  for  their  respective  terms  of  office,  for  Lots  to  be  drawn 
one,  two,  and  three  years.  When  vacancies  occur,  the  re-  vacancies  to  be 
maining  director  or  directors  shall,  without  delay,  order  an  fined, 
election  to  fill  such  vacancies.  Notices  of  all  elections  in  n e 
organized  districts  shall  be  given  by  the  directors,  at  least  Notlce  give“' 
ten  days  previous  to  the  day  of  said  election.  Said  notices 
shall  be  posted  in  at  least  three  of  the  most  public  places  in 
the  district,  and  shall  specify  the  place  where  such  election 
is  to  be  held,  the  time  of  opening  and  closing  the  polls,  and 
the  question  or  questions  to  be  voted  on.  Two  of  the  di-  JndgeBaildcIerk 
rectors  shall  act  as  judges  and  one  as  clerk  of  said  election.  u Eesan  ° 
But,  if  said  directors  shall  fail  to  attend,  or  refuse  to  act, 
when  present,  and  in  unorganized  districts,  the  legal  voters 
when  assembled  shall  choose  three  of  their  number  to  act  as 
judges,  and  one  as  clerk  of  said  election:  Provided , that  if  Elect?on  ma  be 

upon  the  day  appointed  for  said  election,  the  said  directors  postponed!7  e 
or  judges  shall  be  of  opinion,  that,  on  account  of  the  small 
attendance  of  voters,  the  public  good  requires  it,  or  if  the 
voters  present,  or  a majority  of  them,  shall  desire  it,  they 
shall  postpone  said  election  until  the  next  Monday,  at  the 
same  place  and  hour,  when  the  voters  shall  proceed  as  if  it 
were  not  an  adjourned  meeting  : And  provided , also , that 
if  notice  shall  not  have  been  given,  as  above  required,  then 
said  election  may  be  ordered  as  aforesaid,  and  holden  on  the 
third  Monday  in  August,  or  any  other  Monday,  notice 
thereof  being  given  as  aforesaid.  In  case  of  a tie  the  judges  m 
shall  decide  it,  by  lot,  on  the  day  of  election.  The  directors 
shall  appoint  one  of  their  number  clerk,  who  shall  keep  a °or!thia  dSfe* 


—2 


18 


Record  to  be 
kept  in  suitable 
book. 


Who  may  vote 
to  raise  money. 


Poll  book  and 
certificate  to  be 
returned. 


Must,  be  a resi- 
dent. 


Directors  may 
levy  taxes  for 
certain  purpo- 
ses. 


May  appropriate 
for  libraries, 
etc. 


Directors  to 
make  estimate 
of  funds  re- 
quired. 


record  of  all  the  official  acts  of  the  boarl,  in  a well  bound 
book,  provided  for  the  purpose  ; which  record  shall  be  sub- 
mitted to  the  township  treasurer,  for  his  inspection  and  ap- 
proval, on  the  first  Mondays  of  April  and  October,  and  at 
such  other  times  as  the  township  treasurer  may  require. 
Directors  are  authorized  to  use  any  funds  belonging  to  their 
district,  and  not  otherwise  appropriated,  for  the  purchase  of 
a suitable  book  for  their  records,  and  the  said  records  shall 
be  kept  in  a punctual,  orderly  and  reliable  manner.  No 
person  shall  be  entitled  to  vote  at  any  district  election,  on 
the  question  of  raising  money,  unless  he  shall  have  resided 
in  the  district  at  least  thirty  days  immediately  preceding  said 
election,  nor  unless  he  shall  have  paid  a tax  in  said  dis- 
trict the  preceding  year,  or  shall  have  been  assessed  in  such 
district  for  the  year  in  which  such  election  is  held.  After 
every  election  of  directors,  the  judges  shall  cause  the  poll 
book  to  be  delivered  to  the  township  treasurer,  with  a certifi- 
cate thereon  showing  the  election  of  said  directors  and  the 
names' of  the  persons  elected  ; which  poll  book  shall  be  filed 
by  the  township  treasurer,  and  shall  he  evidence  of  said 
election.  If  any  trustee  or  director  shall  not  be  an  inhabi- 
tant of  the  district  or  township  which  he  represents,  an 
election  shall  be  ordered  to  fill  the  vacancy,  and  no  person 
shall  be  at  the  same  time  a director  and  trustee,  nor  shall 
a director  or  trustee  be  interested  in  any  contract  made  by 
the  board  of  which  he  is  a member.  Should  the  directors 
fail  or  refuse  to  order  any  regular  or  special  election,  as 
aforesaid,  it  shall  be  the  duty  of  the  township  treasurer  to 
order  such  election,  and  if  he  fails  to  do  so,  then  it  shall 
be  the  duty  of  the  county  superintendent  to  order  such  elec- 
tion of  directors,  within  ten  days,  in  each  case,  of  such  fail- 
ure or  refusal,  and  the  election  held  in  pursuance  of  such 
order  shall  be  valid,  the  same  as  if  ordered  by  the  directors. 

§ 43.  For  the  purpose  of  establishing  and  supporting 
free  schools  for  six  months,  and  defraying  all  the  expenses 
of  the  same,  of  every  description  ; for  the  purpose  of  repair- 
ing and  improving  school  houses ; of  procuring  furniture, 
fuel,  libraries  and  apparatus ; and  for  all  other  necessary 
incidental  expenses,  the  directors  of  each  district  shall  be 
authorized  to  levy  a tax  annually  upon  all  the  taxable  prop- 
erty of  the  district.  They  may  also  appropriate  to  the  pur- 
chase of  libraries  and  apparatus,  any  surplus  funds,  after 
[all]  necessary  school  expenses  are  paid. 

§ 44.  The  directors  of  each  district  shall  ascertain,  as 
nearly  as  practicable,  annually,  how  much  money  must  he 
raised  by  special  tax  for  school  purposes  during  the  ensuing 
year.  They  shall  then  find  what  rate  per  cent,  this  amount 
will  require  to  be  levied  upon  the  taxable  property,  real  and 
personal,  of  the  district,  which  rate,  with  a list  of  the  resi- 
dent tax-payers,  alphabetically  arranged,  shall  be  certified 
and  returned  to  the  township  treasurer,  on  or  before  the 


19 


first  Monday  of  September,  annually.  The  certificate  of 
the  directors  may  be  in  the  following  form,  viz  : 

We  hereby  certify  that  we  require  the  rate  of to  be  levied  as  a Certificate. 

special  tax  for  school  purposes,  on  the  taxable  property  of  our  district, 

for  the  year  18 — . Given  under  our  hands  this day  of , 18 — . 

A.  B.,  ) Directors  district  No.  — township 
0.  D.,  L No.  — , range  No. — , county  of 
E.  F.,  J , and  State  of  Illinois. 

It  shall  be  the  duty  of  the  township  treasurer  to  return  Treasurer  to  re- 
said certificate  and  lists  of  tax-payers  to  the  clerk  of  the  {ownsh£ap 
county  court  on  or  before  the  second  Monday  of  Septem- 
ber ; and  whenever  the  boundaries  of  the  districts  of  the 
township  shall  have  been  changed,  the  township  treasurer 
shall  return  to  the  clerk  of  the  county  court,  with  the  cer- 
tificates and  lists  aforesaid,  a map  of  the  township,  showing 
such  changes,  and  certified  as  required  in  the  thirty-third 
(33d)  section  of  the  act.  When  a district  lies  in  two  or  District  lying 
more  counties,  the  directors  shall  determine  and  certify  the  J"mJreinC05l,! 
rates  to  be  levied  on  the  taxable  property  lying  in  each.  ties- 
county,  and  return  the  same,  with  separate  lists  of  resident 
tax-payers,  to  the  township  treasurer,  who  shall  return 
them  to  the  respective  county  clerks,  as  hereinbefore  pro- 
vided. 

§ 45.  According  to  the  rate  or  rates  certified  as  afore-  Duty  of  county 
said,  the  said  county  clerk,  when  making  out  the  tax  books  clerk- 
for  the  collector,  should  compute  each  taxable  person’s  tax 
in  said  district,  taking  as  a basis  the  total  amount  of  taxable 
property  returned  by  the  county  assessor  for  that  year,  ly- 
ing and  being  in  said  district,  whether  belonging  to  resi- 
dents or  non-residents,  and  also  each  and  every  tract  of  land 
assessed  by  the  assessor,  which  lies,  or  the  largest  part  of 
which  lies  in  said  district.  The  said  county  clerk  shall 
cause  each  person’s  tax  so  computed  to  be  set  upon  the  tax 
book  to  be  delivered  to  the  collector  for  that  year,  in  a sepa- 
rate column,  against  each  tax  payer’s  name,  or  parcel  of  tax- 
able property,  as  it  appears  in  said  collector’s  book,  to  be 
collected  in  the  same  manner  and  at  the  same  time,  and  by 
the  same  persons,  as  state  and  county  taxes  are  collected  : 

Provided , the  assessments  so  made  in  the  years  intervening  provi80, 
between  the  regular  biennial  assessments  of  real  estate  as 
provided  in  the  revenue  acts,  shall  be  based  upon  the  tax- 
payer’s real  estate  as  assessed  at  the  regular  biennial  assess- 
ment. The  computations  of  each  person’s  tax,  and  the  levy 
made  by  the  clerk  as  aforesaid,  shall  be  final  and  conclu- 
sive : Provided  further , the  rate  shall  be  uniform,  and  not  Further  prori*. 
exceed  the  rate  certified  by  the  board  of  directors ; and  the 
said  county  clerk,  before  delivering  the  tax  book  to  the  col- 
lector, shall  make  out  and  deliver,  on  demand,  to  each  town- 
ship treasurer  of  the  respective  townships  in  the  county,  a 
certificate  of  the  amount  due  each  district  in  his  township 


20 


of  said  tax  so  levied  and  placed  upon  the  tax  books ; and  on 
' or  before  tbe  first  day  of  April  next  after  the  delivery  of 
the  tax  books  containing  tbe  computation  and  levy  of  said 
taxes  aforesaid,  or  as  soon  thereafter  as  the  township  treasu- 
rer, shall  present  the  said  certificate  of  the  amount  of  said 
tax,  and  make  a demand  therefor,  the  said  collector  shall 
pay  to  said  township  treasurer  the  full  amount  of  said  tax 
so  certified  by  the  county  clerk,  retaining  from  said  amount 
only  two  per  centum  as  his  fees  for  collection,  taking  of  the 
township  treasurer  his  receipt  therefor,  which  receipt  shall 
be  evidence,  as  well  in  favor  of  the  collector  as  against  the 
township  treasurer  ; and  said  treasurer  shall  enter  the  same 
in  his  books,  under  the  proper  heads,  and  pay  the  same  out 
^fSoftwoTr  as  provided  for  by  this  act.  When  a district  is  composed  of 
more  townships  parts  of  two  or  more  townships,  the  directors  shall  deter- 
mine and  inform  the  collector  nTwriting,  under  their  hands 
as  directors,  which  of  the  treasurers  of  the  townships,  from 
which  their  district  is  formed  shall  demand  and  receive 
the  tax  money  collected  by  the  county  collector  as  afore- 
said. 

Penalty.  § 4:6.  If  any  collector  shall  fail  to  pay  the  amount  of 

said  tax,  or  any  part  thereof,  as  required  in  the  aforesaid 
section,  it  shall  be  competent  for  the  township  treasurer,  or 
other  authorized  persons,  to  proceed  against  such  collector 
and  his  securities  in  an  action  of  debt  in  the  county  court ; 
which  court  is  hereby  vested  with  full  power  and  authority 
to  hear  and  determine  all  such  suits,  render  judgments  and 
issue  excution  ; or  said  suit  may  be  brought  in  any  other 
court  having  jurisdiction ; and  the  said  collector,  so  in  de- 
fault, shall  pay  twelve  per  centum  upon  the  amount  due,  to 
be  assessed  as  damages,  which  shall  be  included  in  the  judg- 
proviso.  ment  rendered  against  him  : Provided , no  collector  shall  be 
liable  for  such  part  of  said  tax  as  he  shall  be  able  to  make 
appear  he  could  not  have  collected  by  law,  until  he  may  be 
able  to  so  collect  such  amount. 

Birectors  for  § 47.  For  the  purpose  of  building  school  houses,  or  pur- 
mTy  borrow  chasing  school  sites,  or  for  repairing  and  improving  the  same, 
money.  the  directors,  by  a vote  of  the  people,  may  borrow  money, 
issuing  bonds,  executed  by  the  officers,  or  at  least  two  mem- 
bers of  the  board,  in  sums  of  not  less  than  one  hundred  dol- 
lars ; but  the  rate  of  interest  shall  not  exceed  ten  per  cent.; 
nor  shall  the  sum  borrowed  in  any  one  year  exceed  five  per 
cent,  of  the  taxable  property  of  the  district ; nor  shall  the 
tax  levied  in  any  one  year  for  building  school  houses,  ex- 
ceed three  per  cent,  [of  said  taxable  property.] 

©irecters  made  § 48.  The  directors  of  each  district  are  hereby  declared 
body  corporate.  a ^0dy  politic  and  corporate,  by  the  name  of  “school  di- 
rectors of  district  No. , township  No.  , county 

of , and  state  of  Illinois,”  and  by  that  name  may  sue 

and  be  sued  in  all  courts  and  places  whatever.  Two  direc- 
tors shall  be  a quorum  for  business.  The  directors  shall  be 


21 


liable,  as  directors,  for  the  balance  due  teachers,  and  for  all  Director*  iiabi* 
debts  legally  contracted.  They  shall  establish  and  keep  in  2l££j|^to!u" 
operation,  for  at  least  six  months  in  each  year,  and  longer 
if  practicable,  a sufficient  number  of  free  schools  for  the 
proper  accommodation  of  all  the  children  in  the  district 
over  the  age  of  six  and  under  twenty-one  years.  They 
may  adopt  and  enforce  all  necessary  rules  and  regulations 
for  the  management  and  government  of  the  schools,  and 
shall  visit  and  inspect  the  same  as  often  as  practicable. 

They  shall  appoint  all  teachers,  fix  the  amount  of  their  sal-  Powers  of  di- 
aries, and  may  dismiss  them  for  incompetency,  cruelty,  rectors' 
negligence  or  immorality.  They  may  direct  what  branches 
of  study  may  be  taught,  and  what  text-books  shall  be  used 
in  their  respective  schools,  and  may  suspend  or  expel  pupils 
for  disobedient,  refractory  or  incorrigibly  bad  conduct.  It  ^et"kve°nte  mnt:t 
shall  not  be  lawful  for  a board  of  directors  to  purchase  or 
locate  a school  house  site,  or  to  purchase,  build  or  move  a 
school  house,  or  to  levy  a tax  to  extend  schools  beyond  six 
months,  without  a vote  of  the  people,  at  an  election  called 
and  conducted  as  required  in  the  forty-second  section  of  the 
act.  A majority  of  the  votes  cast  shall  be  necessary  to  au- 
thorize the  directors  to  act : Provided , that  if  no  one  local-  Proviso, 
ity  shall  receive  a majority  of  all  the  votes  cast  at  such  elec- 
tion, the  directors  may,  if  in  their  judgment  the  public  in- 
terest requires  it,  proceed  to  select  a suitable  school  house 
site,  and  the  site  so  chosen  by  them  shall,  in  such  case,  be 
legal  and  valid,  the  same  as  if  it  had  been  determined  by  a 
majority  of  the  votes  cast. 

OF  JUDGMENTS  AND  EXECUTIONS  AGAINST  BOARDS  OF  TRUSTEES 
OR  SCHOOL  DIRECTORS. 

§ 49.  If  judgment  shall  be  obtained  against  any  town- J“d^n^aof°sdt 
ship  board  of  trustees  or  school  directors,  the  party  enti-  trustees  and  di- 
tled  to  the  benefit  of  such  judgment  may  have  execution  rectors' 
therefor,  as  follows,  to-wit : It  shall  be  lawful  for  the  court 

in  which  such  judgment  shall  be  obtained,  or  to  which  such 
judgment  shall  be  removed,  by  transcript  or  appeal  from  a 
justice  of  the  peace,  or  other  court,  to  issue  thence  a writ, 
commanding  the  directors,  trustees  and  treasurer  of  such 
township  to  cau^e  the  amount  thereof,  with  interest  and 
costs,  to  be  paid  to  the  party  entitled  to  the  benefit  of  said 
judgment,  out  of  any  moneys,  unappropriated,  of  said  town- 
ships ; or  if  there  be  no  such  moneys,  out  of  the  first  mon- 
eys applicable  to  the  payment  of  the  kind  of  services  or 
indebtedness  for  which  such  judgment  shall  be  obtained, 
which  shall  be  received  for  the  use  of  such  township ; and 
to  enforce  obedience  to  such  writ  by  an  attachment,  or  by 
mandamus , requiring  such  board  to  levy  a tax  for  the  pay- 
ment of  said  judgment ; and  all  legal  process  as  well  as 


22 


writs  to  enforce  payment  of  a judgment,  shall  be  served 
either  on  the  president  or  clerk  of  the  board. 


Examination  of 
teachers. 


Grades  of 
tificates. 


Renewal. 


Revocation. 


Form  of  certifi- 
cate. 


EXAMINATION  AND  QUALIFICATIONS  OF  TKACHEES. 

§ 50.  No  teacher  shall  be  authorized  to  teach  a common 
school  under  the  provisions  of  this  act  who  is  not  of  good 
moral  character,  and  qualified  to  teach  orthography,  reading 
in  English,  penmanship,  atithmetic.  English  grammar,  mod- 
ern geography  and  the  history  of  the  United  States.  It 
shall  be  the  duty  of  the  county  superintendent  to  grant  cer- 
tificates to  such  teachers  as  may,  upon  due  examination  by 
himself  or  a board  of  examiners  by  him  appointed,  be  found 
to  possess  the  necessary  qualifications.  Said  certificates 
shall  be  of  two  grades ; those  of  the  first  grade  shall  be 
valid  for  two  years;  those  of  the  second  grade  for  one  year. 
The  county  superintendent  may,  at  his  option,  renew  said 
certificates,  at  their  expiration,  by  his  endorsement  thereon, 
and  may  revoke  the  same  at  any  time,  for  immorality,  in- 
competency, or  other  just  cause.  Said  certificate  may  be  in 
the  following  form,  viz  : 


Illinois, 


18—. 


County. 

The  undersigned  having  examined in  orthography,  reading  in 

English,  penmanship,  arithmetic,  English  grammar,  modern  geography 

and  the  history  of  the  United  States,  and  being  satisfied  that is  of 

good  moral  character,  hereby  certifies  that 

above  branches  are  such  as  to  entitle 

the grade,  and  valid  in  said  county  for 

hereof,  renewable  at  the  option  of  the  county  superintendent  by  his  en- 
dorsement thereon.  Given  under  my  hand,  at  the  date  aforesaid. 

A.  B.,  County  Superintendent  of  Schools. 


qualifications  in  the 
to  this  certificate,  being  of 
year  from  the  date 


Shan  keep  re  Each  county  superintendent  shall  also  keep  a record,  in 
cord  of  exami-  a book  provided  for  that  purpose,  of  all  teachers  to  whom 
nation.  he  grants  certificates.  Said  record  shall  show  the  date  and 
grade  of  each  certificate  granted,  and  the  name,  age  and 
nativity  of  each  teacher,  and  shall  give  the  names,  etc.,  of 
male  and  female  teachers  separately.  Said  record  may  be 
as  follows,  viz : 


NAME. 

AGE. 

NATIVITY 

DATE. 

GRADE. 

REMARKS. 

Cbas.  Thompson.. 

25 

Illinois. 

March  1,  1864. 

1 

Has  taught  5 ys. 

A copy  or  transcript  of  said  record  shall  be  transmitted  by 
the  county  superintendent,  with  his  regular  report,  to  th© 
state  superintendent. 

state  certificates  The  state  superintendent  of  public  instruction  is  hereby 
superintendent  authorized  to  grant  state  certificates  to  such  teachers  as  may 
of  public  m-  foe  found  worthy  to  receive  them,  which  shall  be  of  perpet- 

struct.on.  J 1 


23 


ual  validity  in  every  county  and  school  district  in  the  state. 

But  state  certificates  shall  only  be  granted  upon  public  com-  on  public  exami- 
petitive  examination,  of  which  due  notice  shall  be  given,  nation' 
in  such  branches  and  upon  such  terms  and  by  such  examin- 
ers as  the  state  superintendent  and  the  principal  of  the  Nor- 
mal University  may  prescribe.  The  fee  for  a state  certifi-  Fee. 
cate  shall  be  five  dollars.  Said  certificates  may  be  revoked  Revocation, 
by  the  state  superintendent  upon  proof  of  immoral  or  un- 
professional conduct.  Every  school  established  under  the 
provisions  of  this  act  shall  be  for  the  purpose  of  instruction 
in  the  various  branches  of  an  English  education,  and  no 
school  funds  shall  be  appropriated  under  this  act  for  any 
other  class  or  description  of  schools  : Provided , that  noth-  Proviso, 
ing  herein  contained  shall  prevent  the  teaching,  in  common 
schools,  of  other  and  higher  branches  than  those  enumera- 
ted in  this  section. 

§ 51.  It  shall  be  the  duty  of  county  superintendents  to  Meetings  for  ex- 
hold  meetings,  at  least  quarterly,  and  oftener,  if  necessary,  JeaSleri"  ° 
for  the  examination  of  teachers,  on  such  days  and  at  such 
places  in  their  respective  counties  as  will,  in  their  opinion, 
accommodate  the  greatest  number  of  persons  desiring  such 
examination.  Notice  of  such  meetings  shall  be  published  a publication  of 
sufficient  length  of  time  in  at  least  one  newspaper  of  general  notice- 
circulation  ; the  expense  of  such  publication  to  be  paid  out 
of  the  school  fund.  County  superintendents  shall,  in  noNofee. 
case,  exact  or  receive  any  fee  for  certificates. 

TEACHERS — THEIR  DUTIES. 

§ 52.  No  teacher  shall  be  entitled  to  any  portion  of  the  Certificate  mast 
common  school  or  township  fund,  or  other  public  fund,  or  be  exhlblt€d- 
be  employed  to  teach  any  school  under  the  control  of  any 
board  of  directors  of  any  ^fchool  district  in  this  state,  who 
shall  not,  before  his  employment,  exhibit  to  said  board,  or 
to  a committee  of  said  board,  a certificate  of  qualification 
obtained  under  the  provisions  of  this  act ; nor  shall  any 
teacher  be  paid  any  portion  of  the  school  or  public  fund 
aforesaid,  unless  he  shall  have  kept  and  furnished  schedules 
as  herein  directed. 

§ 53.  Teachers  shall  make  schedules  of  the  names  of  Schedule, 
all  scholars  under  twenty-one  years  of  age,  attending  their 
schools,  in  the  form  prescribed  by  this  act ; and  when 
scholars  reside  in  two  or  more  districts,  townships  or  coun- 
ties, separate  schedules  shall  be  kept  for  each  district,  town- 
ship or  county,  and  the  absence  or  presence  of  every 
scholar  shall  be  set  down  under  the  proper  date,  and  oppo- 
site the  name  on  every  day  that  school  is  open,  and  the  ab- 
sence of  a scholar  shall  be  signified  by  a blank — the  presence 
by  a mark.  The  schedule  to  be  made  and  returned  by  the 
teacher  shall  be,  as  near  as  circumstances  will  permit,  in  the 
following  form,  viz : 


24 


Form  of  sched- 
ule. 


Teacher’s  cer- 
tificate. 


Schedule  to  te 
delivered  to  di- 
rectors. 


SCHEDULE  of  a common  school  Tcept  by  A.  B.,  at , in  district  number , 

in  township  number , range  number , of  the principal  meridian , 

in  the  county  of  — — , in  the  State  of  Illinois: 


Names  and  ages  of  s< 
ars  attending  my  scl 
and  residing  in  dis 
number  — in  town 
— north,  range  — ^ 
in  — county. 

Name. 

3hol- 

nool, 

trict 

ship 

vest, 

Age 

1855  Monday,  January  15  | 

“ Tuesday,  **  16  | 

“ Wednesday,  “ 17  | 

“ Thursday,  “ 18  | 

“ Friday,  “ 19  | 

“ Monday,  “ 22  1 

“ Tuesday,  « 23  | 

| “ Wednesday,  “ 24  | 

“ Thursday,  “ 25  j 

| “ Friday,  “ 26  | 

05 

s? 

PI 

O 

a 

“ Tuesday,  “ 30  | 

“ Wednesday,  “ 31  f 

“ Thursday,  February  1 | 

“ Friday,  “ 2 | 

50 

£ 

PI 

o 

a 

CO 

i 03 
TO 
© 

0 

E-« 

>> 

cS 

TO 
<D 
. 0 

© 

* 

| 8 „ ‘X'epsmqx  „ 

“ Friday,  “ 9 | 

[ Total  No.  days  of  each  scholar.  J 

John  Smith 

10 

1 

1 

1 

1 

1 

1 

1 

i 

1 

1 

i 

i 

1 

1 

15 

Isaac  Meslier 

13 

1 

1 

1 

1 

1 

1 

i 

1 

1 

i 

l 

11 

Sarah  Danforth 

16 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

i 

1 

1 

1 

1 

i 

i 

l 

1 

1 

20 

Mary  Newman 

19 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

t 

1 

1 

1 

i 

i 

l 

1 

1 

19 

Grand  total  number  of  days 64 


Number  of  scholars 

Males. 

Females. 

Total. 

2 

2 

4 

Average  daily  attendance. 


.3.2 


And  the  teacher  shall  add  up  and  set  down  the  whole 
number  of  days’  attendance  of  each  scholar,  and  add  up  said 
whole  numbers,  and  make  out  the  grand  total  number  of 
days’  attendance.  He  shall  also  note  the  whole  number  of 
scholars,  giving  the  males  and  females  separately  ; the  ave- 
rage daily  attendance ; and  shall  set  the  age  of  each  pupil 
opposite  the  name  of  said  pupil,  as  in  the  form  above  pre- 
scribed,' and  shall  attach  thereto  his  certificate,  which  shall 
be  in  the  following  form,  viz : f 
I certify  that  the  foregoing  schedule  of  scholars  attending  my  school, 
as  therein  named,  and  residing  as  specified  in  said  schedule,  to  the  best 
of  my  knowledge  and  belief,  is  correct ; and  that  it  was  a school  for  the 
purpose  of  teaching  various  branches  of  an  English  education. 

A.  B.,  Teacher. 

When  the  teacher  shall  have  completed  his  or  her  sched- 
ule or  schedules,  as  above  required,  he  or  she  shall  deliver 
it  to  some  one  of  the  directors,  and  it  shall  be  the  duty  of 
said  director,  in  connection  with  one  other  director  of  the 
board,  to  carefully  examine  such  schedule  or  schedules, 
and,  after  correcting  all  errors,  and  if  they  shall  find  such 
schedule  to  have  been  kept  according  to  law,  they  shall  cer- 
tify to  the  same,  as  near  as  practicable,  in  the  following 
form,  viz : 


STATE  OF  ILLINOIS, 

County. 

We,  the  undersigned,  directors  of- 


in  township  number 


range  number , in  the  county  aforesaid,  certify  that  we  have  examined 

the  foregoing  schedule,  and  find  the  same  to  be  correct,  and  that  the  school 
was  conducted  according  to  law.  That  there  is  now  due  said  CD,  teacher, 


% 


25 


as  per  contract,  the  sum  of dollars  and cents,  and  that  the  said 

teacher  has  a legal  certificate  of  good  moral  character,  and  of  qualifica- 
tion to  teach  a common  school  (or  of  such  grade  as  the  case  may  be.) 

Witness  our  hands,  this day  of , a.  d.  185 — . 

q'  p"’  j-  Directors. 

Which  schedule  or  schedules,  certified  as  aforesaid  by  at  schedule®  to  b® 
least  two  directors,  shall  be  filed  by  said  directors  with  the  filed' 
township  treasurer;  and  until  such  schedule  and  report,  as 
aforesaid,  shall  have  been  filed  as  aforesaid,  it  shall  not  be 
lawful  for  said  treasurer  to  pay  said  teacher,  or  any  two 
members  thereof  to  draw  an  order  in  favor  of  said  teacher. 

§ 54.  School  directors  shall  certify  no  schedule  that  Directors  limited 
reaches  back  to  a time  more  than  six  months  from  the  time  schedule, 
fixed  by  law  for  the  regular  returii  of  schedules  to  the  town- 
ship treasurer.  Schedules  made  and  certified,  as  aforesaid, 
shall,  at  least  two  days  before  the  first  Monday  in  April  and  when  to  ^ de- 
October,  be  delivered  by  the  directors  to  the  township 
treasurer.  The  director,  or  directors,  to  whom  the  schedule 
is  delivered  by  the  teacher,  shall  receipt  for  the  same ; D1!erceec^tra  most 
which  receipt  shall  be  evidence  in  favor  of  the  teacher,  and 
against  the  director  or  directors  ; and  the  directors  shall  be 
personally  liable  for  any  loss  sustained  by  the  teacher 
through  their  failure  to  deliver  the  schedule  to  the  township 
treasurer  within  the  time  fixed  by  law.  Teachers’  schedules 
are  hereby  declared  payable  on  the  first  Mondays  in  April  when  payable 
and  October  of  each  year;  and  for  any  portion  of  the 
amount  certified  in  said  schedules,  by  the  directors,  to  be 
due,  and  remaining  unpaid,  after  said  first  Mondays  in  April 
and  October,  respectively,  teachers  shall  be  entitled  to  inte- 
rest, at  the  rate  of  ten  (10)  per  cent,  per  annum,  until  paid ; unpaid  at  mter- 
and  it  is  hereby  made  the  duty  of  all  school  directors,  trus-  es*' 
tees  and  township  treasurers,  to  allow  and  pay  said  rate  of 
interest  upon  all  unpaid  balances  due  teachers,  as  aforesaid, 
and  said  balances  shall  be  paid  out  of  the  first  moneys 
coming  into  the  hands  of  the  township  treasurer,  to  the  credit 
of  the  proper  district,  and  not  otherwise  previously  and  spe- 
cifically appropriated. 

TOWNSHIP  TREASURER — HIS  DUTIES. 

§ 55.  The  township  treasurer,  appointed  by  the  board  Treasurer  to 
of  trustees,  shall,  before  entering  upon  his  duties,  execute  glve  °D  ' 
a bond,  with  two  or  more  freeholders,  who  shall  not  be 
members  of  the  board,  as  securities,  payable  to  the  board 
of  the  township  for  which  he  is  appointed  treasurer,  with 
a sufficient  penalty  to  cover  all  liabilities  which  may  be  in- 
curred, conditioned  faithfully  to  perform  all  the  duties  of 

township  treasurer,  in  township , range , in 

county,  according  to  law.  The  security  shall  be  ap- 
proved by  at  least  a majority  of  the  board,  and  shall  be  de- 
livered by  one  of  the  trustees  to  the  county  superinten- 


26 


Worm  of  bond. 


To  provide  book 
and  keep  ac- 
count of  money 
received. 


dent  of  the  proper  county.  And  in  all  cases  where  such 
treasurer  aforesaid  is  to  have  the  custody  of  all  bonds, 
mortgages,  moneys  and  effects  denominated  principal,  and 
belonging  to  the  township  for  which  he  is  appointed  trea- 
surer, the  penalty  of  said  treasurer’s  bond  shall  be  twice  the 
amount  of  said  bonds,  notes,  mortgages,  moneys  and  ef- 
fects. And  every  township  treasurer  appointed  subse- 
quent to  the  first,  as  herein  provided,  shall  execute  bond, 
with  security,  as  is  required  by  the  first  treasurer.  The 
bond  required  in  this  section  shall  be  in  the  following  form, 
viz : 


STATE  OF  ILLINOIS, 
County. 


Know  all  men  by  these  presents,  that  we,  A.  B.,  C.  D.,  and  E.  F.,  are 

held  and;  firmly  bound,  jointly  and  severally,  unto  the  board  of , in 

said  county  in  the  penal  sum  of dollars,  for  the  payment  of  which 

we  bind  ourselves,  our  heirs,  executors  and  administrators,  firmly  by 
these  presents. 

In  witness  whereof,  we  have  hereunto  set  our  hands  and  seals,  this 
day  of , a.  d.  18 — . 

The  condition  of  the  above  obligation  is  such,  that  if  the  abovebounden 

A.  B.,  township  treasurer  of  township , range , in  the  county 

aforesaid,  shall  faithfully  discharge  all  the  duties  of  said  office  according 
to  the  laws  which  now  are,  or  may  hereafter  be  in  force,  and  shall  de- 
liver to  his  successor  in  office  all  moneys,  books,  papers,  securities  and 
property  in  his  hands  as  such  township  treasurer,  then  this  obligation  to 
be  void;  otherwise  to  remain  in  full  force. 


A.  B.,  [seal.' 
C-.  D.,  [seal/ 
E.  F.,  [seal/ 

Approved  and  accepted  by 


I.  J.,  t Trustees. 

K.L.,J 


§ 56.  Every  township  treasurer  shall  provide  himself 
with  two  well  bound  books,  the  one  to  be  called  a cash  book, 
the  other  a loan  book.  He  shall  charge  himself  in  the  cash 
book  with  all  moneys  received,  stating  the  charge,  when, 
from  whom  and  on  what  account  received  ; and  credit  him- 
self with  all  moneys  paid  or  loaned,  the  amount  loaned, 
the  date  of  the  loan,  the  rate  of  interest,  the  time  wThen 
payable,  the  name  of  the  securities,  or,  if  real  estate  be  ta- 
ken, a description  of  the  same,  lie  shall  also  enter,  in  sepa- 
rate accounts,  moneys  received  and  moneys  paid  out, 
charging  the  first  to  debit  account,  and  crediting  the  latter  as 
follows,  to- wit : First,  the  principal  of  the  township  fund, 
when  paid  in  and  when  paid  out.  Second,  the  interest  of 
the  township  fund,  when  received  and  when  paid  out. 
Third,  the  common  school  fund,  and  other  funds,  when  re- 
ceived from  the  county  superintendent  and  when  paid  out. 
Fourth,  the  taxes  received  from  the  county  collector,  dis- 
tinguishing between  that  for  general  school  purposes  and 
that  levied  for  the  purpose  of  prolonging  schools.  Fifth, 
donations  received.  Sixth,  moneys  coming  from  all  other 


27 


sources;  and  in  all  cases  entering  the  date  when  received 
and  when  paid  out ; and  he  shall  also  arrange  and  keep  his 
books  and  accounts  in  such  other  manner  as  may  be  direc- 
ted by  the  state  or  county  superintendent,  or  the  board  of 
trustees.  He  shall  also  provide  a book,  to  be  called  a jour- 
nal, in  which  he  shall  record,  fully  and  at  length,  the  acts 
and  proceedings  of  the  board,  their  orders,  by-laws  and 
resolutions  ; which  book  shall  be  at  all  times  subject  to  the 
inspection  of  said  board,  or  other  person  authorized  by  this 
act,  or  of  any  committee  appointed  by  the  inhabitants  of  the 
township  to  examine  the  same.  And  he  shall  also  provide 
a book,  to  be  called  a record,  in  which  he  shall  enter  a brief 
description  of  all  notes  or  bonds  belonging  to  the  township, 
and  upon  the  opposite  page  he  shall  note  down  when  paid, 
or  any  remarks  to  show  where  or  in  what  condition  it  is,  as 
in  the  following  form,  viz  : 


makers’ 

DATE  OF  NOTE. 

WHEN  DUE. 

AMOUNT. 

REMARKS. 

NAMES. 

AB,CD, 
E F. 

January  1st, 
185—. 

January  1st, 
185— 

$90  00 

January  6,  185-,  handed 
to  I J,  for  collection,  (or 
January  6,  185 — , paid.) 

§ 57.  Township  treasurers  shall  loan,  upon  the  follow- 
ing conditions,  all  moneys  which  shall  come  to  their  hands 
by  virtue  of  their  office,  except  such  as  may  be  subject  to 
distribution.  The  rate  of  interest  shall  not  be  less  than  six 
per  cent.,  nor  more  than  ten  per  cent,  per  annum,  payable 
half-yearly  in  advance;  the  rate  ot  interest  to  be  deter- 
mined by  a majority  of  the  township  trustees,  at  any  reg- 
ular or  special  meeting  of  their  board.  No  loans  shall  be 
made  for  less  than  six  months,  or  more  than  five  years. 
For  all  sums  not  exceeding  one  hundred  dollars,  loaned  for 
not  more  than  one  year,  two  responsible  securities  shall  be 
given  ; for  all  sums  over  one  hundred  dollars,  and  for  all 
loans  for  more  than  one  year,  security  shall  be  given  by 
mortgage  on  real  estate,  unincumbered,  in  value  double 
the  amount  loaned,  with  a condition,  that  in  case  additional 
security  shall,  at  any  time,  be  required,  the  same  shall  be 
given  to  the  satisfaction  of  the  board  of  trustees  for  the 
time  being:  Provided , that  nothing  herein  shall  prevent 
the  loaning  of  township  funds  to  boards  of  school  direc- 
tors, taking  bonds  therefor,  as  provided  in  section  forty- 
seven  of  the  act : And , provided  further , that  all  loans  of 
school  money,  made  by  township  treasurers  and  school 
officers,  during  the  past  two  years,  in  accordance  with  the 
instructions  of  the  state  superintendent,  are  hereby  declared 
lawful,  as  if  made  under  the  provisions  of  this  section,  as 


Form. 


To  loan  funds. 


Proviso. 


Further  proviso. 


28 


Proviso. 


Form  of  mort- 
gage. 


To  be  recorded. 


Breach  of  condi- 
tion. 


amended.  Notes,  bonds,  mortgages  and  other  securities 
taken  for  money  or  other  property,  due  or  to  become  due  to 
the  board  of  trustees  for  the  township,  shall  be  payable  to 
the  said  board  by  their  corporate  name ; and  in  such  name 
suits,  actions  and  complaints,  and  every  description  of  legpal 
proceedings,  may  be  had  for  the  recovery  of  money,  the 
breach  of  contracts,  and  for  every  legal  liability  which  may 
at  any  time  arise  or  exist,  or  upon  which  a right  of  action 
shall  accrue  to  the  use  of  this  corporation:  Provided , how- 
ever, that  notes,  bonds,  mortgages  and  other  securities  in 
which  the  name  of  the  county  superintendent,  or  of  the 
trustees  of  schools,  are  inserted,  shall  be  valid  to  all  intents 
and  purposes ; and  suit  shall  be  brought  in  the  name  of  the 
board  of  trustees  as  aforesaid.  The  wife  of  the  mortgager 
(if  he  has  one)  shall  join  in  the  mortgage  given  to  secure 
the  payment  of  money  loaned  by  virtue  of  the  provisions  of 
this  act. 

§ 58.  Mortgages  to  secure  the  payment  of  money  loaned 
under  the  provisions  of  this  act  may  be  in  the  following 
form,  viz 

I,  A.  B.,  of  the  county  of , and  state  of , do  hereby  grant, 

convey  and  transfer  to  the  board  of  trustees  of  township  — — , range , 

in  the  county  of , and  state  of  Illinois,  for  the  use  of  the  inhabitants 

of  said  township,  the  following  described  real  estate,  to  wit : (Here  insert 
premises.)  Which  real  estate  I declare  to  be  in  mortgage  for  the  payment 

of dollars  loaned  to  me,  and  for  the  payment  of  all  interest  that  may 

accrue  thereon,  to  be  computed  at  the  rate  of per  cent,  per  annum 

until  paid.  And  I do  hereby  covenant  to  pay  the  said  sum  of  money  in 

years  from  the  date  hereof,  and  to  pay  interest  on  the  same  at  the 

rate  aforesaid,  half-yearly  in  advance.  I further  covenant  that  I have  a 
good  and  valid  title  to  said  estate,  and  that  the  same  is  free  from  all  in- 
cumbrance ; and  that  I will  pay  all  taxes  and  assessments  which  may  be 
levied  on  said  estate ; and  that  I will  give  any  additional  security  that 
may  at  anytime  be  required  by  said  board  of  trustees  ; and  if  said  estate 
be  sold  to  pay  said  debt,  or  any  part  thereof,  or  for  any  failure  or  refusal 
to  comply  with  or  perform  the  conditions  or  covenants  herein  contained, 
I will  deliver  immediate  possession  of  the  premises  ; and  in  consideration 
of  the  premises,  0.,  wife  of  said  A.  B.,  doth  hereby  release  to  the  said 
board  all  her  right  and  title  of  dower  in  the  aforegranted  premises,  for 
the  purposes  aforesaid. 

In  testimony  whereof,  we  have  hereunto  set  our  hands  and  seals  this 
day  of , 18 — . 9 

A.  B.,  [seal.] 

0.  D.,  [seal.] 

Which  mortgage  shall  be  acknowledged  and  recorded,  as 
is  required  by  law  for  other  conveyances  of  real  estate,  the 
mortgager  paying  the  expenses  of  acknowledgment  and  re- 
cording, and  fifty  cents  as  a fee  to  the  township  treasurer. 

§ 59.  Upon  the  breach  of  any  condition  or  stipulation 
contained  in  said  mortgage,  an  action  may  be  maintained 
and  damages  recovered  as  upon  other  covenants ; but  mort- 
gages made  in  any  other  form  to  secure  payment  as  afore- 
said shall  be  valid  as  if  no  form  had  been  prescribed.  In 
estimating  the  value  of  real  estate  mortgaged  to  secure  the 
payment  of  money  loaned  under  the  provisions  of  this  law, 


29 


the  value  of  improvements  liable  to  be  destroyed,  shall  not 
be  included. 

§ 60.  In  all  cases  where  the  board  of  trustees  shall  re-  Additional  »e*u- 
quire  additional  security  for  the  payment  of  money  loaned,  nty* 
and  such  security  shall  not  be  given,  the  township  treasurer 
shall  cause  suit  to  be  instituted  for  the  recovery  of  the  same, 
and  all  interest  thereon,  to  the  date  of  judgment:  Provided , 
that  proof  be  made  of  the  said  requisition.  In  the  payment 
of  debts  by  executors  and  administrators,  those  due  the 
common  school  or  township  fund  shall  have  a preference 
over  all  other  debts,  except  funeral  and  other  expenses 
attending  the  last  sickness,  not  including  the  physician’s  bill. 

And  it  shall  be  the  duty  of  the  township  treasurer  to  attend 
at  the  office  of  the  probate  justice  upon  the  proper  day,  as 
other  creditors,  and  have  any  debts  as  aforesaid,  probated 
and  classed,  to  be  paid  as  aforesaid. 

§ 61.  If  default  be  made  upon  the  payment  of  interest  Default  in  pay- 
due  upon  money  loaned  by  any  county  superintendent  or  mentofmUrefit 
township  treasurer,  or  in  the  payment  of  the  principal,  in- 
terest at  the  rate  of  twelve  per  cent,  per  annum  shall  be 
charged  upon  the  principal  and  interest  from  the  day  of  de- 
fault, which  shall  be  included  in  the  assessment  of  dama- 
ges, or  in  the  judgment  in  suit  or  action  brought  upon  the 
obligation  to  enforce  payment  thereof ; and  interest  as  afore- 
said may  be  recovered  in  action  brought  to  recover  interest 
only.  And  the  said  township  treasurers  are  hereby  em- 
powered to  bring  appropriate  actions,  in  the  name  of  the  Bring  b«h. 
board  of  trustees,  for  the  recovery  of  the  half-yearly  inter- 
est, when  due  and  unpaid,  without  suing  for  the  principal, 
in  whatever  form  secured,  and  justices  of  the  peace  shall 
have  jurisdiction  in  such  cases  of  all  sums  under  one  hundred 
dollars. 

§ 62.  All  suits  brought,  or  actions  instituted  under  the  ah  suits  and  a»- 
provisions  of  this  act,  may  be  brought  in  the  name  of  the  ^nMM^fUe 

“board  of  trustees  of  township , range ,”  except  board- 

as  is  provided  for  action  qui  tam  in  this  act,  or  in  favor  of 
county  superintendents.  The  township  treasurer  shall  de- 
mand, receive  and  safely  keep,  according  to  law,  all  moneys, 
books  and  papers  of  every  description  belonging  to  his  town- 
ship. He  shall  keep  the  township  fund  loaned  at  interest ; 
and  if  on  the  first  Monday  of  October  in  any  year  there 
shall  be  any  interest  or  other  funds  on  hand  which  shall  not 
be  required  for  distribution,  such  amount  not  required,  as 
aforesaid,  may,  if  the  board  of  trustees  see  proper,  forever 
be  considered  as  principal  in  the  funds  to  which  it  belongs, 
and  loaned  as  such. 

§ 63.  On  the  first  Mondays  of  April  and  October,  of  statement  to  be 
every  year,  the  township  treasurer  shall  lay  before  the  “ndOctobi?!* 
board  of  trustees  a statement,  showing  the  amount  of  inte- 
rest, rents,  issues  and  profits  that  have  accrued  or  become 
due  since  their  last  regular  half-yearly  meeting  on  the  town- 


30 


ship  lands  and  township  funds,  and  also  the  amonnt  of  state 
and  county  fund  interest  on  hand.  He  shall  also  lay  before 
the  said  trustees  all  books,  notes,  bonds,  mortgages,  and  all 
other  evidence  of  indebtedness  belonging  to  the  township, 
for  the  examination  of  the  trustees,  and  shall  make  such 
other  statement  as  the  board  may  require  touching  the  du- 
ties of  his  office.  The  township  treasurer  shall  also,  on 

settlement.  the  first  MonqayS  0f  April  and  October  of  each  year,  make 
a full,  settlement  with  the  respective  boards  oi  directors  in 
his  township,  and  shall  deliver  to  the  clerk  of  each  of  said 
boards,  on  demand,  a statement,  or  exhibit,  showing  the 
exact  condition  of  the  account  of  each  district,  and  the 
amount  of  funds  of  every  discription  in  his  hands  to  the 
credit  of,  and  belonging  to,  each  district  respectively,  and 
subject  to  the  order  of  the  directors  thereof. 

Penalty.  § 64.  F or  any  faqure  or  refusal  to  perform  all  the  duties 

required  of  township  treasurer  by  law,  he  shall  be  liable 
to  the  board  of  trustees  upon  his  bond,  to  be  recovered  by 
action  of  debt  by  said  board,  in  their  corporate  name,  for 
the  use  of  the  proper  township,  before  any  court  having 
jurisdiction  of  the  amount  ol  damages  claimed;  but  if  said 
treasurer,  in  any  such  failure  or  refusal,  acted  under  and 
in  conformity  to  a requisition  or  order  of  said  board,  or  a 
majority  of  them,  entered  upon  their  journal  and  subscribed 
by  their  president  and  clerk,  then  and  in  that  case  the 
members  of  the  said  board  aforesaid,  or  those  of  them  vo- 
ting for  said  requisition  or  order  aforesaid,  and  not  the 
treasurer,  shall  be  liable,  jointly  and  severally,  to  the  in- 
habitants of  the  township,  to  be  recovered  by  action  of 
assumpsit  in  the  official  name  of  the  county  superintendent 
of  schools,  for  the  use  of  the  proper  township. 

Bonds,  mortga  § 65.  When  a township  treasurer  shall  resign,  or  be 
delivered  to  removed,  and  at  the  expiration  of  his  term  of  office,  he 
successors.  shall  pay  over  to  his  successor  in  office  all  money  on  hand, 
and  deliver  over  all  books,  notes,  bonds,  mortgages,  and  ail 
other  securities  for  money,  and  all  papers  and  documents 
of  every  description,  in  which  the  corporation  may  have 
any  interest  whatever;  and  in  case  of  the  death  of  the 
township  treasurer,  his  securities  and  legal  representatives 
shall  be  bound  to  comply  with  the  requisitions  of  this  sec- 
tion. And  for  any  failure  to  comply  with  the  requisitions 
of  this  section,  he  shall  be  liable  to  a penalty  of  not  less 
than  ten  nor  more  than  one  hundred  dollars,  at  the  discre- 
tion of  the  court  before  which  judgment  may  be  obtained; 
and  the  obtaining  or  payment  of  said  judgment  shall  in  no 
wise  discharge  or  diminish  the  obligation  of  his  official  bond. 

TOWNSHIP  AND  COUNTY  SCHOOL  FUNDS. 


Sbe°0id?edd  to  § 66.  All  bonds,  notes,  mortgages,  moneys  and  effects, 
principalS 6  in  which  have  heretofore  accrued,  or  may  hereafter  accrue, 

•ertain  cases. 


31 


from  the  sale  of  the  sixteenth  section  of  the  common  school 
lands  of  any  township  or  county,  or  from  the  sale  of  any 
real  estate,  or  other  property,  taken  on  any  judgment,  or 
for  any  debt  due  to  the  principal  of  any  township  or  coun- 
ty fund;  and  all  other  funds  of  every  description,  which 
have  been  or  may  hereafter  be  carried  to  and  made  part  of 
the  principal  of  any  township  or  county  fund,  by  any  law 
which  has  heretofore  been,  is  now,  or  may  herealter  be  en- 
acted, are  hereby  declared  to  be,  and  shall  forever  consti- 
tute the  principal  of  the  township  or  county  fund,  respect- 
ively, and  no  part  thereof  shall  ever  be  distributed  or  ex- 
pended for  any  purpose  whatever,  but  shall  be  loaned  out, 
and  held  to  use,  rent  or  profit,  as  provided  by  law.  But 
the  interest,  rents,  issues  and  profits,  arising  and  accruing 
from  the  principal  of  said  township  or  county  fund,  shall 
be  distributed  in  the  manner  and  at  the  times  as  provided  in 
this  act  and  the  act  of  which  this  is  amendatory ; nor  shall 
any  part  of  such  interest,  rents,  issues  and  profits,  be  car- 
ried to  the  principal  of  the  respective  funds. 

§ 67.  School  funds  collected  from  special  taxes,  levied  paidouto^ 
by  order  of  school  directors,  or  from  the  sale  of  property  order  of  direct- 
belonging  to  any  district,  shall  be  paid  out  on  the  order  of  ors' 
the  proper  board  of  directors;  and  all  other  moneys  and 
school  funds,  liable  to  distribution,  paid  into  the  township 
treasury,  or  coming  into  the  hands  of  the  township  treas- 
urer, shall,  after  said  funds  have  been  apportioned  by  the 
township  trustees,  as  required  in  section  thirty-four  of  the 
act  of  which  this  act  is  amendatory,  be  paid  out  only  on  the 
order  of  the  proper  board  of  directors,  signed  by  the  presi- 
dent and  clerk  of  said  board,  or  by  a majority  thereof.  For 
all  payments  made,  receipts  shall  be  taken  and  filed.  In 
all  such  orders  shall  be  stated  the  purpose  for  which,  or  on 
what  account  drawn.  Said  orders  may  be  in  the  following 
form,  viz  : 

The  treasurer  of  township  No. , range  No. in county,  will  Form  of  order. 

pay  to , or  bearer, dollars  and cents,  (on  his  con- 

tract for  repairing  school  house,  or  whatever  the  purpose  may  be.) 

By  order  of  the  board  of  directors  of  district  No. , in  said  township. 

A.  B.,  President. 

G.  D..  Clerk. 

Which  order,  together  with  the  receipt  of  the  person  to  0rder  andre- 
whom  paid,  shall  be  filed  in  the  office  of  the  township  treas-  ceiptst0  >e  ,l9 
urer. 

COMMON  SCHOOL  FUNDS. 

§ 68.  The  common  school  fund  of  this  state  shall  COn-  Common  school 
gist  of  such  sums  as  will  be  produced  by  the  annual  levy  and  fun<L 
assesment  of  two  mills  upon  each  dollar’s  valuation  of  all  the 
taxable  property  in  the  state;  and  there  is  hereby  levied 
and  assessed,  annually,  in  addition  to  the  revenue  for  state 


32 


Prcmso. 


.State  to  pay  in- 
, terest. 


Duty  of  auditor,, 


purposes,  the  said  two  mills  upon  each  dollar’s  valuation  of 
all  taxable  property  in  the  state,  to  be  collected  and  paid, 
and  the  amount  due  from  the  state,  according  to  a state- 
ment and  settlement  of  the  account  between  the  state  and 
that  fund  under  the  provisions  of  an  act  entitled  “ An  act 
to  provide  for  the  distribution  and  application  of  the  inter- 
est on  the  school,  college  and  seminary  fund,”  approved 
on  the  seventh  of  February,,  one  thousand  eight  hundred 
and  thirty-five,  and  of  all  funds  which  have  been  or  may 
be  received  by  the  state  from  the  United  States,  for  the 
use  and  support  of ’common  schools;  and  also  of  the  mon- 
ey added  to  the  common  school  fund,  which  was  received 
from  the  United  States  under  an  act  of  Congress  providing 
for  the  distribution  of  the  surplus  revenue  of  the  United 
States,  and  which  was  invested  in  bank  stock  by  authority 
of  the  state,  and  of  the  amount  added  to  the  school  fund 
under  an  act  requiring  the  three  per  cent,  fund  to  be  inves- 
ted in  state  bonds:  Provided . that  in  cases  where  hereto- 
fore the  state  taxes  have  not  been  collected  in  any  county, 
such  county  shall  not  be  entitled  to  a distribution  of  the  col- 
lege, seminary  and  school  fund,  for  the  period  of  time  that 
no  such  taxes  have  been  collected,  and  that  the  portion  of 
the  fund  aforesaid  shall  in  such  cases  be  distributed  without 
regard  to  such  county. 

§ 69.  The  state  shall  pay  an  interest  of  six  per  cent,  per 
annum  upon  the  amount  of  the  aforesaid  common  school  funds, 
except  on  so  much  thereof  as  may  be  realized  from  the 
levy  of  the  tax  directed  to  be  levied  under  the  provisions 
of  this  act,  which  shall  be  paid  annually,  and  applied  to 
the  support  of  the  common  schools,  as  herein  provided. 
The  state  shall  also  pay,  as  aforesaid,  and  at  the  same  time, 
an  interest  of  six  per  centum  per  annum  upon  the  amount 
due  the  college  and  seminary  fund  ; which  interest  shall  be 
loaned  to  the  common  school  fund,  and  known  in  this  law 
and  applied  in  all  cases  as  interest  on  the  common  school 
fund  as  aforesaid. 

§70.  On  the  first  Monday  in  January,  in  each  and  eve- 
ry year  next  after  taking  the  census  of  the  state,  the  au- 
ditor of  public  accounts  shall,  under  the  supervision  of  the 
commissioner  of  the  school  fund  of  the  state,  ascertain  the 
number  of  white  children  in  each  county  in  the  state  under 
twenty  years  of  age,  and  shall  thereupon  make  a dividend  to 
each  county  of  two-thirds  the  sum  from  the  tax  levied  and 
collected  under  the  provisions  of  the  sixty-eighth  section  of 
this  act;  and  the  interest  due  .on  the  school,  college  and 
seminary  fund,  in  proportion  to  the  number  of  white  chil- 
dren in  each  county  under  the  age  aforesaid,  and  of  the  re- 
maining one-tliird,  in  proportion  to  the  number  of  town- 
ships and  parts  of  townships  in  each  county,  and  issue  his 
warrant  to  the  superintendent  of  schools  of  each  county 
upon  the  collector  thereof.  And  upon  presentation  of  said 


33 


warrant  by  the  county  superintendent  to  the  collector  of 
his -county,  said  collector  or  treasurer  shall  pay  over  to  the 
county  superintendent  the  amount  of  said  warrant  out  of 
the  first  specie  funds  which  may  be  collected  by  him,  and 
not  otherwise  appropriated  by  law,  taking  said  superinten- 
dent’s receipt  therefor;  and  on  settlement  with  the  auditor 
said  collector  shall  be  credited  with  the  amount  specified  in 
said  receipt,  in  the  same  manner  as  if  it  had  been  paid  into 
the  treasury.  Dividends  shall  be  made  as  aforesaid,  ac- 
cording to  the  proportions  ascertained  to  be  due  to  each 
county  annually  thereafter,  until  another  census  shall  have 
been  taken,  and  then  dividends  shall  be  made  and  continued 
as  aforesaid,  according  to  the  last  census : Provided , that  if  Proviso, 
any  collector  shall  fail  or  refuse  to  pay,  in  gold  or  silver, 
the  amount  of  the  aforesaid  warrant,  or  any  part  thereof,  by 
the  first  day  of  March  annually,  or  so  soon  thereafter  as  it 
may  be  presented,  it  shall  be  competent  for  the  county  su- 
perintendent to  proceed  against  said  collector  and  his  se- 
curities, in  an  action  of  debt,  in  the  county  court ; which 
court  is  hereby  vested  with  full  power  and  authority  to  hear 
and  determine  all  such  suits,  render  judgement,  and  issue 
execution ; or  said  suit  may  be  brought  in  any  court  having 
jurisdiction ; and  the  said  collector  shall  pay  twelve  per 
centum,  to  be  assessed  as  damages,  upon  the  amount  due, 
and  which  shall  be  included  in  the  judgment  obtained 
against  him. 

COMPENSATION  OF  OFFICERS. 

§ 71.  Collectors  of  the  two  mill  tax,  authorized  under  Cc°“1^j10^ti0“n0/ 
section  sixty-eight  (68)  of  the  act  of  which  this  act  is  amend-  S?  county,  su- 
atory,  shall  be  entitled  to  only  two  per  cent,  on  the  amount  Perintenden^s* 
collected  by  them.  County  superintendents  shall  be  al- 
lowed to  retain,  out  of  the  township  funds  of  the  township 
for  which  the  services  may  be  rendered,  three  per  cent, 
upon  the  amount  of  sales  of  school  lands,  and  upon  the  real 
estate  taken  for  debt,  for  their  services  in  making  such  sales, 
including  such  other  services,  connected  therewith,  as  are 
required  by  the  provisions  of  this  act  and  the  act  of  which 
this  act  is  amendatory ; and  two  per  cent,  they  may  retain 
upon  the  amount  of  all  sums  distributed,  paid  or  loaned  out 
by  them  for  the  support  of  schools.  And  for  their  services 
as  county  superintendents  of  schools,  including  the  duties 
enjoined  by  the  sixth  [twentieth]  section  of  this  act,  they 
shall  be  entitled  to  receive  three  dollars  per  day  for  any  per  diem, 
number  ot  days  not  exceeding  two  hundred  in  any  one  year ; 
which  account  shall  be  certified  and  sworn  to  by  the  county 
superintendent,  and  shall  be  paid  semi-annually,  from  the 
county  treasury.  County  courts  and  boards  of  supervi-  Appropriations 
sors  are  also  authorized  to  make  additional  appropriations  for  institute8* 
to  county  superintendents  for  their  services,  if  deemed  pro- 
—3 


34 


Compensation  of 
township  trea- 
surers. 


As  clerks. 


Exemption. 


per,  and  also  for  the  maintenance  and  encouragement  of 
county  teachers’  institutes,  for  the  improvement  and  benefit 
of  the  teachers  of  common  schools  in  their  respective  coun- 
ties. 

§ 72.  Township  treasurers  shall  be  allowed  to  retain 
two  per  cent,  upon  all  sums  paid  out  or  loaned  by  them,  in- 
cluding moneys  raised  by  virtue  of  any  district  tax.  County 
treasurers  shall  not  be  entitled  to  any  commissions  upon 
school  taxes  collected  and  paid  over  to  them  by  county  or 
township  collectors,  any  law  of  this  state  to  the  contrary 
notwithstanding.  Boards  of  township  trustees  shall,  and 
it  is  hereby  made  their  duty  to  make  a reasonable  allow- 
ance, annually,  to  said  treasurers,  for  their  services  per- 
formed as  clerks  of  said  boards,  to  be  paid  out  of  the  town- 
ship funds.  County  superintendents,  trustees  of  schools, 
school  directors,  and  all  other  school  officers,  shall  be  ex- 
empted' from  working  on  the  roads  and  military  duty. 


LIABILITIES  OF  OFFICERS. 


Liabilities  of  offi- 
cers. 


Liability 

trustees. 


of 


Proviso. 


Lien  upon  real 
estate  from  date 
of  process. 


, jointly  and 
en  from  town- 
nst  said  trea- 
ty default  of 
not  be  made 


§ 73.  If  any  county  superintendent,  trustee  of  schools, 
township  treasurer,  director,  or  any  person  entrusted  with 
the  care,  control,  management  or  disposition  of  any  school, 
college,  seminary  or  township  fund  for  the  use  of  any  county, 
township,  district  or  school,  shall  convert  any  such  funds,  or 
any  portion  thereof  to  his  own  use,  he  shall  be  liable  to  in- 
dictment, and  upon  conviction  shall  be  fined  in  not  less  than 
double  the  amount  of  money  converted,  and  imprisoned  in 
the  county  jail  not  less  than  one  or  more  than  twelve  months 
at  the  discretion  of  the  court. 

§ 74.  Trustees  of  schools  shall 
severally,  for  the  sufficiency  of  securf 
ship  treasurers;  and  in  case  of  judgin 
surers  and  their  securities,  or  on  accou 
any  such  treasurer,  on  which  the  money 
for  want  of  sufficient  property  whereon  to  levy  execution, 
actions  on  the  case  may  be  maintained  against  said  trus- 
tees jointly  or  severally,  and  the  amount  not  collected  on 
said  judgment  shall  be  recovered  with  costs : Provided , that 
if  said  trustees  can  show,  satisfactorily,  that  the  security 
taken  from  the  treasurer  as  aforesaid  was,  at  the  time  of 
said  taking,  good  and  sufficient,  they  shall  not  be  liable  as 
aforesaid. 

§ 75.  The  real  estate  of  county  superintendents,  of 
township  treasurers,  and  all  other  school  officers,  and  of 
the  securities  of  each  of  them,  shall  be  bound  for  the  satis- 
faction and  payment  of  all  claims  and  demands  against  said 
superintendents  and  treasurers  and  other  officers,  as  such, 
from  the  date  of  issuing  process  against  them,  in  actions  or 
suits  brought  to  recover  such  claims  or  demands,  until  satis- 
faction thereof  be  obtained ; and  no  sale  or  alienation  of  real 


35 


estate  by  any  superintendent,  treasurer  or  other  officer,  or 
security  aforesaid  shall  defeat  the  lien  created  by  this  sec- 
tion, but  all  and  singular  such  real  estate  held,  owned  or 
claimed  as  aforesaid,  shall  be  liable  to  be  sold  in  satisfaction 
of  any  judgments  which  may  be  obtained  in  such  actions  or 
suits. 

§ 76.  Trustees  of  schools,  or  either  of  them,  failing  or 
refusing  to  make  returns  of  children  in  their  township,  ac- 
cording to  the  provisions  of  this  act,  or  if  either  of  them  shall 
knowingly  make  a false  return,  the  party  so  offending  shall 
be  liable  to  a penalty  of  not  less  than  ten  dollars  nor  more 
than  one  hundred  dollars,  to  be  recovered  by  action  of  as- 
sumpsit, before  any  justice  of  the  peace  of  the  county; 
which  penalty,  when  collected,  shall  be  added  to  the  town- 
ship fund;  and  if  any  county  superintendent,  director  or 
trustee,  or  either  of  them,  or  other  officer  whose  duty  it  is, 
shall  negligently  or  willfully  fail  or  refuse  to  make,  furnish 
or  communicate  the  statistics  and  information,  or  shall  fail 
to  discharge  the  duties  enjoined  upon  them,  or  either  of 
them,  at  the  time  and  in  the  manner  required  by  the  provi- 
sions of  this  act,  such  delinquent  or  party  offending  shall  be 
liable  to  a fine  of  twenty-five  dollars,  to  be  recovered  before 
any  justice  of  the  peace,  on  information,  in  the  name  of  the 
people  of  the  state  of  Illinois,  and  when  collected  shall  be 
paid  to  the  county  superintendent  of  the  proper  county,  for 
the  use  of  schools. 

§ 77.  County  superintendents,  trustees  of  schools,  di- 
rectors and  township  treasurers,  or  either  of  them,  and  any 
other  officer  having  charge  of  school  funds  or  property,  shall 
be  responsible  for  all  losses  sustained  by  any  county,  town- 
ship or  school  fund,  by  reason  of  any  failure  on  his  or  their 
part  to  perform  the  duties  required  of  him  or  them  by  this 
act,  or  by  any  rule  or  regulation  authorized  to  be  made  by 
this  act;  and  each  and  every  of  the  officers  aforesaid  shall 
be  liable  for  any  such  loss  sustained  as  aforesaid,  and  the 
amount  thereof  may  be  recovered  in  a civil  action  before  any 
court  having  jurisdiction  thereof,  at  the  suit  of  the  state  of 
Illinois,  for  the  use  of  the  county,  township  or  fund  injured; 
and  the  amount,  when  collected,  shall  be  paid  to  the  proper 
officer,  for  the  benefit  of  said  county,  township  or  fund  in- 
jured. 

COSTS,  TENURE  OF  OFFICEES  AND  CONTEACTS  TTNDEE  FOEMEE 

LAWS. 

§ 78.  No  justice  of  the  peace,  probate  justice,  constable, 
clerk  of  any  court  or  sheriff,  shall  charge  any  costs  in 
any  suit  where  any  agent  of  any  school  fund,  suing  for  the 
recovery  of  the  same,  or  any  interest  due  thereon,  is  plain- 
tiff, and  shall  be,  from  any  cause,  unsuccessful  in  such  suit. 
County  superintendents  appointed  heretofore  shall  continue 


Failure  to  make 
returns. 


All  officers  re- 
sponsible. 


No  cost  to  be 
charged  in  cer- 
tain cases. 


36 


Terra  of  office. 


leases  remain 
valid. 


Of  cities  and  in- 
corporated 
towns. 


in  office  until  superseded,  according  to  the  provisions  of  this 
act,  and  their  duties,  responsibilities  and  powers  shall  be 
governed  by  the  provisions  herein  named.  Trutees  of  school 
lands  heretofore  appointed,  and  trustees  of  schools  heretofore 
elected,  shall  also  continue  to  discharge  the  duties  of  their 
office  until  trustees  of  schools  are  elected  under  the  pro- 
visions of  this  act.  Townships  heretofore  incorporated  shall, 
without  any  further  action  or  proceeding,  be  considered  as 
incorporated  under  the  provisions  of  this  act ; and  the  trus- 
tees and  other  officers  shall  continue  to  discharge  their  du- 
ties till  suspended  by  appointment  or  election  under  this  law; 
and  all  school  directors  and  officers  heretofore  appointed 
shall  continue  in  office  until  superseded  by  the  election,  as 
provided  in  this  act,  and  shall  be  governed  by  the  provisions 
of  the  laws  heretofore  in  force,  unless  otherwise  directed  by 
this  act.  Leases  of  school  lands  shall  remain  valid,  and  be 
executed  according  to  the  laws  under  which  they  were  made. 
Common  school  lands,  valued  and  offered  for  sale  and  re- 
maining unsold,  shall  be  sold  upon  terms  prescribed  by  this 
act.  All  taxes  levied  and  contracts  made  under  the  laws 
hereby  repealed  shall  remain  valid,  and  all  rights,  remedies, 
defenses  and  causes  of  action  existing,  or  which  may  here- 
after exist  or  arise,  under  or  by  virtue  of  said  repealed  laws, 
shall  continue  and  remain  valid,  and  shall  be  enforced,  not- 
withstanding the  repeal  of  said  laws,  unless  canceled  ac- 
cording to  the  provisions  of  this  act. 

OF  CITIES  AND  INCORPORATED  TOWNS. 

§ T9.  This  act  shall  not  be  so  construed  as  to  repeal  or 
change,  in  any  respect,  any  special  acts  in  relation  to  schools 
in  cities  or  incorporated  towns,  except  that  it  shall  be  the 
duty  of  the  several  boards  of  education  or  other  officers  of 
any  city  or  incorporated  town,  having  in  charge  schools 
under  the  provisions  of  any  of  the  said  special  acts,  or  of 
any  ordinance  of  any  city  or  incorporated  town,  on  or  be- 
fore the  second  Monday  of  October  preceding  each  regular 
session  of  the  general  assembly  of  this  state  or  annually, 
if  required  so  to  do  by  the  state  superintendent,  to  make 
out  and  render  a statement  of  all  such  statistics  and  other 
information  in  regard  to  schools,  and  the  enumeration  of 
children  or  white  persons,  as  required  to  be  communicated 
by  township  boards  of  trustees  or  directors  under  the  pro- 
visions of  this  act,  or  so  much  thereof  as  may  be  appli- 
cable to  said  city  or  incorporated  town,  to  the  county  su- 
perintendent of  the  county  where  such  city  or  incorporated 
town  is  situated,  or  of  the  county  in  which  the  larger  part 
of  such  city  or  town  is  situated ; nor  shall  it  be  lawful  for 
the  county  superintendent  or  any  other  officer  or  person 
to  pay  over  any  portion  of  the  common  school  fund  to  any 
local  treasurer,  school  agent,  clerk,  board  of  education  or 


37 


other  officer  or  person  of  any  township,  city  or  incorporated 
town,  unless  a report  of  the  number  of  children  or  white 
persons,  and  other  statistics  relative  to  schools,  and  a state- 
ment of  such  other  information  as  are  required  of  the 
boards  of  trustees  or  directors,  as  aforesaid,  and  of  other 
school  officers  and  teachers  under  the  provisions  of  this  act, 
shall  have  been'  filed  at  the  time  or  times  aforesaid,  speci- 
fied in  this  section,  with  the  school  commissioner  of  the 
proper  county,  as  aforesaid. 

§ 80.  In  townships  in  which  there  shall  be  persons  of 
color,  the  board  of  trustees  shall  allow  such  persons  a por- 
tion of  the  school  fund  equal  to  the  amount  of  taxes  collected 
for  school  purposes  from  such  persons  of  color  in  their  re- 
spective townships. 

COMMON  SCHOOL  LANDS. 

§ 81.  Section  number  sixteen  in  every  township  gran- 
ted to  the  state  by  the  United  States  for  the  use  of  schools, 
and  such  sections  and  parts  of  sections  as  have  been  or  may 
be  granted  as  aforesaid,  in  lieu  of  all  or  part  of  section  num- 
ber sixteen,  and  also  the  lands  which  have  been  or  may  be 
selected  and  granted  as  aforesaid,  for  the  use  of  schools  to 
the  inhabitants  of  fractional  townships  in  which  there  is  no 
section  number  sixteen,  or  where  such  section  shall  not  con- 
tain the  proper  proportion  for  the  use  of  schools  in  such 
fractional  townships,  shad  be  held  as  common  school  lands  ; 
and  the  provisions  of  this  act  referring  to  common  school 
lands  shall  be  deemed  to  apply  to  the  lands  aforesaid, 

§ 82.  All  the  business  of  such  townships,  so  far  as  re- 
lates to  common  school  lands,  shall  be  transacted  in  that 
county  which  contains  all  or  a greater  portion  of  said  lands. 
If  any  person  shall,  without  being  duly  authorized,  cut,  tell, 
box,  bore,  destroy  or  carry  away  any  tree,  sapling  or  log, 
standing  or  being  upon  any  school  lands,  such  person  shall 
forfeit  and  pay  for  every  tree,  sapling  or  log  so  felled,  boxed, 
bored,  destroyed  or  carried  away,  the  sum  of  eight  dollars ; 
which  penalty  shall  be  recovered,  with  costs  of  suit,  by  an 
action  of  debt  or  assumpsit , before  any  justice  of  the  peace 
having  jurisdiction  of  the  amount  claimed,  or  in  the  coun- 
ty or  circuit  court,  either  in  the  corporate  name  of  the 
board  of  trustees  of  the  township  to  which  the  land  be- 
longs, or  by  action  of  qui  tarn,  in  the  name  of  any  person 
who  will  first  sue  for  the  same — one-half  for  the  use  of  the 
person  suing,  the  other  half  to  the  use  of  the  township 
aforesaid.  When  two  or  more  persons  shall  be  concerned 
in  the  same  trespass,  they  shall  be  jointly  and  severally  lia- 
ble for  the  penality  herein  imposed.  Every  trespasser  upon 
common  school  lands  shall  be  liable  to  indictment,  and,  up- 
on conviction,  fined  in  three  times  the  amount  of  the  injury 
occasioned  by  said  trespass,  and  shall  stand  committed  as 


Schools  of  per- 
sons of  color. 


Common  school 
lands. 


Section  sixteen. 


Penalty  for  tres- 
pass. 


Two  or  more. 


38 


To  whom  paid. 


Duty  of  state’s 
attorney  to  en- 
force. 


Clerks  and  jus- 
tices to  report 
under  oath. 


ir  ■ . * ..  • 'f. 


Forfeit. 


Sshool  lands, 
how  sold. 


in  other  cases  of  misdemeanor.  All  penalties  and  fines  col- 
lected nnder  the  provisions  of  this  section  shall  be  paid  to 
the  township  treasurer,  and  he  added  to  the  principal  of 
the  towship  fund.  And  all  other  fines,  penalties  and  for- 
feitures imposed  or  incurred  in  any  of  the  courts  of  record, 
or  before  any  of  the  justices  of  the  peace  of  this  state  ex- 
cept fines,  forfeitures  and  penalties  incurred  or  imposed  in 
incorporated  towns  or  cities,  for  the  violation  of  the  by-laws 
or  ordinances  thereof,  shall,  when  collected,  be  paid  to  the 
school  superintendent  of  the  county  wherein  such  fines, 
forfeitures  and  penalties  have  been  imposed  or  incurred,  who 
shall  give  his  receipt  therefor ; and  the  same  shall  be  dis- 
tributed by  said  superintendent,  annually,  in  the  same  man- 
ner as  the  common  school  funds  of  the  state  are  distributed ; 
and  it  shall  be  the  duty  of  the  state’s  attorneys  of  the  sev- 
eral judicial  circuits,  to  enforce  the  collection  of  all  fines, 
forfeitures  and  penalties  imposek  or  incurred  in  the  courts 
of  record  in  their  several  circuits,  and  to  pay  the  same  over 
to  the  school  superintendents  of  the  counties  wherein  the 
same  have  been  imposed  or  incurred,  retaining  therefrom 
the  fees  and  commissions  allowed  them  by  law ; and  it  shall 
be  the  duty  of  the  said  justices  of  the  peace  to  enforce  the 
collection  of  all  fines  imposed  by  them,  by  any  lawful  means; 
and,  when  collected,  the  same  shall  be  paid  by  the  officer 
charged  with  the  collection  thereof,  to  the  school  superin- 
tendent of  the  cotinty  in  which  the  same  was  imposed. 
Clerks  of 'said  courts  of  record;  and  justices  of  the  peace, 
shall  report  under  bath,  to  the  school  superintendent  of 
their  respective  countifes,;  by  the  first  of  March,  annually, 
the  amount  of  ' such  fines,  penalties  and  forfeitures  imposed 
or  incurred  in  their  respective  courts,  and  the  amount  of 
such  fines  forfeitures  and  penalties  collected  by  them,  giv- 
ing each  item  separately,  and  the  officer  charged  with  the 
collection  thereof ; and  said  clerks  and  justices  of  the  peace, 
for  a failure  to  make  such  a report,  shall  be  liable  to  a fine 
of  twenty-five  dollars  for  each  Offense,  to  be  recovered  in  a 
civil  action  at  the  suit  of  the  school  superintendent  of  the 
proper  county.  For  a failure  to  pay  any  such  fines,  forfeit- 
ures or  penalties,  on  demand,  to  the  person  who  is  by  law 
authorized  to  receive  the  same,  the  officer  having  collected 
the  same  or  having  the  same  in  his  possession,  shall  forfeit 
and  pay  double  the  amount  of  such  fine,  penalty  or  forfeit- 
ure as  aforesaid,  to  be  recovered  before  any  court  having 
jurisdiction  thereof,  in  a qui  tam  action,  one-half  to  be  paid 
to  the  informer  and  one-half  to  the  school  fund  of  the  proper 
county. 

SALE  OF  COMMON  SCHOOL  LANDS. 

§ 83.  When'  the  inhabitants  of  any  township,  or  frac- 
tional township,  shall  desire  the  sale  of  the  common  school 


39 


land  of  the  township,  or  fractional  township,  they  shall  pre- 
sent a petition  to  the  county  superintendent  of  the  county 
in  which  the  school  lands  of  the  township,  or  the  greater 
part  thereof,  lie,  for  the  sale  thereof;  which  petition  shall 
be  signed  by  at  least  two-thirds  of  the  white  male  inhabi- 
tants of  the  township,  or  fractional  township,  of  and  over 
twenty-one  years  of  age.  The  signing  of  the  petition  must 
be  in  the  presence  of  two  citizens  of  the  township,  after  the 
true  meaning  thereof  shall  have  been  explained  ; and  when 
signed,  an  affidavit  shall  be  affixed  thereto  by  the  two  citi- 
zens, proving  the  signing  in  the  manner  aforesaid-,  and  sta- 
ting the  number  of  white  male  inhabitants  in  the  township, 
or  fractional  township,  of  and  over  twenty-one  years  of 
age;  and  said  petition,  so  proved,  shall  be  delivered  to  the 
county  superintendent  for  his  action  thereon : Provided , Proviso, 
that  no  whole  section  shall  be  sold  in  any  township  contain- 
ing less  than  two  hundred  inhabitants  ; and  common  school 
lands  in  fractional  townships  may  be  sold  when  the  number 
of  inhabitants  and  number  of  acres  are  in  the  ratio  of  two  Ratio, 
hundred  to  six  hundred  and  forty,  but  not  before. 

§ 84.  When  the  petition  and  affidavits  are  delivered  to  Trustees  to  di- 
the  county  superintendent  as  aforesaid,  he  shall  notify  the  ES  land  mto 
trustees  of  said  township  thereof,  and  said  trustees  shall  im- 
mediately proceed  to  divide  the  land  into  tracts  or  lots  of 
such  form  and  quantity  as  will  produce  the  largest  amount 
of  money  ; and  after  making  such  division,  a correct  plat  of  Make  plat, 
the  same  shall  be  made,  representing  all  divisions,  with 
each  lot  numbered  and  defined,  so  that  its  boundaries  may 
be  forever  ascertained.  Said  trustees  shall  then  fix  a value  valuation, 
on  each  lot,  having  regard  to  the  terms  of  sale,  certify  to 
the  correctness  of  the  plat,  stating  the  value  of  each  lot  per 
acre,  or - per  lot,  if  less  than  one  acre,  and  referring  to  and 
describing  the  lot  in  the  certificate,  so  as  fully  and  clearly 
to  distinguish  and  identify  each  lot;  which  plats  and 
certificate  shall  be  delivered  to  the  county  superinten- 
dent, and  shall  govern  him  in  advertising  and  selling  said 
lands. 

§ 85.  In  subdividing  common  school  lands  for  sale,  no  Subdivision, 
lot  shall  contain  more  than  eighty  acres,  and  the  division 
may  be  made  into  town  or  village  lots,  with  roads,  streets 
or  alleys  between  them  and  through  the  same  ; and  all  such 
divisions,  with  all  similar  divisions  hereafter  made,  are  here- 
by declared  legal,  and  all  such  roads,  streets  and  alleys,  pub- 
lic highways. 

§ 86.  The  terms  of  selling  common  school  lands  shall  Terms  of  sale, 
be  to  the  highest  bidder,  for  cash,  with  the  privilege  to  each 
purchaser  of  borrowing  from  the  county  superintendent  the 
amount  of  his  bid  for  any  period  not  less  than  one  or  more 
than  five  years,  upon  his  paying  interest  and  giving  security, 
as  in  case  of  money  loaned  by  township  treasurer,  as  pro- 
vided in  this  act. 


40 


lace  of  sale. 


Notioes. 


Manner  of  sale. 


Payment  to  be 
secured  or 
lands  resold. 


Unsold  lands. 


§ 87.  The  place  of  selling  common  school  lands  shall 
be  at  the  court  house  of  the  county  in  which  the  lands  are 
situated  ; or  the  trustees  of  schools  may  direct  the  sale  to 
be  made  on  the  premises ; and  upon  the  reception  by  the 
county  superintendent  of  the  plat  and  certificate  of  valuation 
from  the  trustees,  he  shall  proceed  to  advertise  the  said  land 
for  sale  in  lots,  as  divided  and  laid  off  by  said  trustees,  by 
posting  notices  thereof  in  at  least  six  public  places  in  the 
county,  forty  days  next  anterior  to  the  day  of  sale,  describ- 
ing the  land,  and  stating  the  time,  terms  and  place  of  sale  ; 
and  if  any  newspaper  is  published  in  said  county,  said  ad- 
vertisement shall  be  printed  therein  for  four  weeks  before 
the  day  of  sale — if  none  then  it  shall  be  sold  under  the  notice 
aforesaid. 

§ 88.  Upon  the  day  appointed,  the  county  superinten- 
dent shall  proceed  to  make  sales  as  follows,  viz:  He  shall 

begin  at  the  lowest  number  of  lots  and  proceed  regularly 
to  the  highest,  till  all  are  sold  or  offered.  Ho  lot  shall  be 
sold  for  less  than  its  valuation  by  the  trustees.  Sales  shall 
be  made  between  the  hours  of  ten  o’clock,  a.  m.,  and  six 
o’clock,  p.  m.,  and  may  continue  lrom  day  to  day.  The  lots 
shall  be  cried  separately,  and  each  lot  cried  long  enough  to 
enable  any  one  present  to  bid  who  desires  it. 

§ 89.  Upon  closing  the  sales  each  day,  the  purchasers 
shall  each  pay  or  secure  the  payment  of  the  purchase  mon- 
ey, according  to  the  terms  of  sale ; or  in  case  of  his  failure 
to  do  so  by  ten  o’clock  the  succeeding  day,  the  lot  purchased 
shall  be  again  offered  at  public  sale,  on  the  same  terms  as  be- 
fore, and  if  the  valuation  or  more  shall  be  bid  shall  be  strick- 
en off ; but  if  the  valuation  be  not  bid  the  lot  shall  be  set 
down  as  not  sold.  If  the  sale  is  or  is  not  made,  the  former 
purchaser  shall  be  required  to  pay  the  difference  between  his 
bid  and  the  valuation  of  the  lot ; and  in  case  of  his  failing  to 
make  such  payment  the  county  superintendent  may  forth- 
with institute  an  action  of  debt  or  assumpsit,  in  his  name, 
as  superintendent,  for  the  use  of  the  inhabitants  of  the  town- 
ship where  the  land  lies,  for  the  required  sum ; and  upon 
making  proof  shall  be  entitled  to  judgment,  with  costs  of 
suit ; which,  when  collected,  shall  be  added  to  the  principal 
of  the  township  tund.  And  if  the  amount  claimed  does 
not  exceed  one  hundred  dollars,  the  suit  may  be  instituted 
before  a justice  of  the  peace ; but  if  more  than  that  sum, 
then  in  the  circuit  court  of  any  county  wherein  the  party 
may  be  found. 

§ 90.  All  lands  sold  at  public  sale,  as  herein  provided 
for,  shall  be  subject  to  sale  at  any  time  thereafter,  at  the 
valuation ; and  county  superintendents  are  authorized  and 
required,  when  in  their  power,  to  sell  all  such  lands  at  pri- 
vate sale,  upon  the  terms  at  which  they  are  offered  at  public 
sale. 


41 


§ 91.  In  all  cases  where  common  school  lands  have  been  unsold  lands  to 
heretofore  valued,  and  have  remained  unsold  for  two  years,  bc  re‘valued- 
after  having  been  offered  for  sale,  or  shall  hereafter  remain 
unsold  for  that  length  of  time,  after  being  valued  and  offer- 
ed for  sale  in  conformity  to  this  act,  the  trustees  of  schools 
where  such  lands  are  situated  may  vacate  the  valuation 
thereof,  by  an  order  to  be  entered  in  book  A,  of  the  county 
superintendent,  and  cause  a new  valuation  to  be  made,  if,  in 
their  opinion,  the  interests  of  the  township  will  be  promoted 
thereby.  They  shall  make  said  second  valuation  in  the 
same  manner  as  the  first  was  made,  and  shall  deliver  to  the 
county  superintendent  a plat  of  such  second  valuation,  with 
the  order  of  vacation  to  be  entered  as  aforesaid ; whereupon 
said  county  superintendent  shall  proceed  in  selling  said 
lands  in  all  respects  as  if  no  former  valuation  had  been 
made : Provided , that  the  second  valuation  may  be  made  Proviso, 
by  the  trustees  of  schools,  without  petition,  as  provided  in 
this  act. 

§ 92.  Upon  the  completion  of  every  sale  by  the  purcha-  certificate  of 
ser,  the  county  superintendent  shall  enter  the  same  on  book  delivered.*0  be 
B,  and  shall  deliver  to  the  purchaser  a certificate  of  purchase, 
stating  therein  the  name  and  residence  of  the  purchaser,  de- 
scribing the  land  and  the  price  paid  therefor;  which  certifi- 
cate shall  be  evidence  of  the  facts  therein  stated. 

§ 93.  At  the  first  regular  term  of  the  county  court  in  Superintendent 
each  year,  the  county  superintendent  shall  present  to  the  statement  of 
court  of  his  county — first,  a statement  showing  the  sales  of  sales* 
school  lands  made  subsequent  to  the  first  regular  term  of  the 
previous  year,  which  shall  be  a true  copy  of  the  sale  book, 

(book  B;)  second,  statements  of  the  amount  of  money  receiv-  Moneys, 
ed,  paid,  loaned  out  and  on  hand,  belonging  to  each  township 
or  fund  under  his  control — the  statement  of  each  fund  to  be 
separate  ; third,  statements  copied  from  his  loan  book,  (book 
C)  showing  all  the  facts  in  regard  to  loans  which  are  re-  Facts, 
quired  to  be  stated  upon  the  loan  book ; all  of  which  the 
county  court  shall  thereupon  examine  and  compare  with  the 
vouchers ; and  the  said  county  court,  or  so  many  of  them  as 
may  be  present  at  the  term  of  the  court  shall  be  liable, 
individually,  to  the  fund  injured,  and  to  the  securities  of 
said  county  superintendents,  in  case  judgments  be  recovered 
of  said  securities,  for  all  damages  occasioned  by  a neglect 
of  the  duties,  or  any  of  them  required  of  them  by  this 
section : Provided , nothing  herein  contained  shall  be  con-  Proviso, 
stmed  to  exempt  the  securities  of  said  county  superintendent 
from  any  liability  as  such  securities,  but  they  shall  still  be 
liable  to  the  fund  injured  the  same  as  if  the  county  superin- 
tendents were  not  liable. 

§ 94;  The  county  superintendent  shall  also,  at  the  time  Transcript  to  be 
aforesaid,  transmit  to  the  auditor  of  public  accounts,  a full  auditor?4  the 
and  exact  transcript  from  book  B,  of  all  the  sales  made 
subsequent  to  each  report.  The  statement  required  to  be 


42 


Purchaser  to  re- 
ceive patent. 


Duplicate  copy, 
how  obtained. 


Acts  repealed. 


presented  to  the  county  conrt  shall  be  preserved,  and  copied 
by  the  clerk  of  said  conrt,  into  a well  bound  book,  kept  for 
that  purpose;  and  the  list  transmitted  to  the  auditor  shall 
be  filed,  copied  and  preserved  in  like  manner. 

§ 95.  Every  purchaser  of  common  school  land  shall  be 
entitled  to  a patent  from  the  state,  conveying  and  assuring 
the  title.  Patents  shall  be  made  out  by  the  auditor,  from 
returns  made  to  him  by  the  county  superintendent.  They 
shall  contain  a description  of  the  land  granted ; and  shall 
be  in  the  name  of,  and  signed  by  the  governor,  counter- 
signed by  the  auditor,  with  the  great  seal  of  the  state 
affixed  thereto  by  the  secretary  of  state,  and  shall  operate  to 
vest  in  the  purchaser  a perfect  title  in  fee  simple.  When 
patents  are  executed  as  herein  required,  the  auditor  shall 
note  on  the  list  of  sales,  the  date  of  each  patent,  in  such 
manner  as  to  perpetuate  the  evidence  of  its  date  and  deliv- 
ery, and  thereupon  transmit  the  same  to  the  county  super- 
intendent of  the  proper  county,  to  be  by  him  delivered  to 
the  pantentee,  his  heirs  or  assigns,  upon  the  return  of  the 
original  certificate  of  purchase ; which  certificate,  when  re- 
turned, shall  be  filed  and  preserved  by  the’ county  superin- 
tendent. 

§ 96.  Purchasers  of  common  school  lands,  and  their 
heirs  and  assigns,  may  obtain  duplicate  copies  of  their  cer- 
tificates of  purchase  and  of  patents,  upon  filing  affidavit 
with  the  county  superintendent  in  respect  to  certificates, 
and  with  the  auditor  in  respect  to  patents,  proving  the  loss 
or  destruction  of  the  originals ; and  such  copies  shall  have 
all  the  force  "and  effect  of  the  originals. 

ACTS  REPEALED PUBLICATION  AND  DISTRIBUTION  OF  THE  ACT. 

§ 97.  An  act  entitled  “ An  act  to  establish  and  maintain 
common  schools,”  approved  February  12th  1849,  and  an 
-act;  to  amend  said  act,  approved  February  12th  1851,  and 
an  act  entitled  “An  act  to  increase  the  school  fund,”  ap- 
proved February  10th,  1853,  and  all  other  acts  and  parts  of 
acts  coming  in  conflict  with  the  provisions  of  this  act,  are 
hereby  repealed.  This  act  to  be  in  force  from  and  after  its 
passage. 

§ 98.  The  public  printer  is  hereby  required  to  print  fifty 
thousand  copies  of  the  whole  act  as  amended,  under- the 
direction  of  the  superintendent  of  public  instruction,  and 
to  be  distributed  by  him  to  the  several  counties  of  the  state 
according  to  population.  * 

Approved  February  22,  1861. 

[ The  last  section  to  the  amendatory  act  is  as  follows : ] 

• § 29.  All  acts  and  parts  of  acts  coming  in  conflict  with 
the  provisions  of  this  act  are  hereby  repealed.  This  act 
shall  take  effect  and  be  in  force  from  and  after  its  passage. 

Approved  February  16,  1865. . 


43 


AN  ACT  for  the  establishment  and  maintenance  of  a Normal  University,  in  force  Feb.  18, 

1850. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of 
Illinois , represented  in  the  General  Assembly , That  C.  B. 

Denio,  of  Jo  Daviess  county,  Simeon  Wright,  of  Lee  county,  corporators. 
Daniel  Wilkins,  of  McLean  county,  C.  E.  ILovey,  of  Peoria 
county,  George  P.  Rex,  of  Pike  county,  Samuei  W.  Moul- 
ton, of  Shelby  county,  John  Gillespie,  of  Jasper  county, 

George  Bunsen,  of  St.  Clair  county,  Wesley  Sloan,  of 
Pope  county,  Ninian  W.  Edwards  of  Sangamon  county, 

John  Eden,  of  Moultrie  county,  Flavel  Mosely,  of  Cook 
county,  William  H.  Wells,  of  Cook  county,  Albert  R.  Shan- 
non, of  White  county,  and  the  superintendent  of  public 
instruction,  ex-officio , with  their  associates,  who  shall  be 
elected  as  herein  provided,  and  their  successors,  are  hereby 
created  a body  corporate  and  politic,  to  be  styled  “ The  style- 
Board  of  Education  of  the  State  of  Illinois,”  and  by  that 
name  and  style  shall  have  perpetual  succession,  and  have 
power  to  contract  and  be  contracted  with,  to  sue  and  be  General  powers, 
sued,  to  plead  and  be  impleaded,  to  acquire  hold  and  con- 
vey real  and  personal  property ; to  have  and  use  a common 
seal,  and  to  alter  the  same  at  pleasure;  to  make  and  estab- 
lish by-laws,  and  alter  or  repeal  the  same  as  they  shall  deem 
necessary  for  the  government  of  the  Normal  University 
hereby  authorized  to  be  established,  or  any  of  its  depart- 
ments, officers,  students  or  employees,  not  in  conflict  with 
the  constitution  and  laws  of  this  state,  or  of  the  United 
States  ; and  to  have  and  exercise  all  powers,  and  be  subject 
to  all  duties  usual  and  incident  to  trustees  of  corpora- 
tions. 

§ 2.  The  superintendent  of  public  instruction,  by  virtue  superintendent, 
of  his  office  shall  be  a member  and  secretary  of  said  board, 
and  shall  report  to  the  legislature  at  its  regular  sessions  the 
condition  and  expenditures  of  said  Normal  University,  and 
communicate  such  further  information  as  the  said  board  of 
education  or  the  legislature  may  direct. 

§ 3.  No  member  of  the  board  of  education  shall  receive  Members  not  to 
any  compensation  for  attendance  on  the  meetings  of  the  peCnsItion.com' 
board,  except  his  necessary  traveling  expenses ; which  shall 
be  paid  in  the  same  manner  as  the  instructors  employed  in 
the  said  Normal  University  shall  be  paid.  At  all  the  stated 
and  other  meetings  of  the  board,  called  by  the  president  or 
secretary,  or  any  five  members  of  the  board,  five  members 
# shall  constitute  a quorum,  provided  all  shall  have  been  duly 
‘ notified. 

§ 4.;  The  objects  of  the:  said  Normal  University  shall  be  of  a9Soci' 

to  qualify  teachers  for  the  common  schools  of  this  State,  by 
imparting  instruction  in  the  art  Of  teaching,  in  all  branches 
of  study  which  pertain  to  a common  school  education,  in 
the  elements  of  the  natural  sciences,  including  agricultural 
chemistry,  animal  and  vegetable  physiology,  in  the  funda- 


u 


Time  of  meeting 
of  board  of  edu- 
cation. 


Appoint  princi- 
pal and  lecturer. 


Text  books. 


Provide  auxilia- 
ry. 


Each  county  en- 
titled to  gratui- 
tous instruc- 
tion for  pupils. 


Application  of 
pupils. 


Selected  by  lot. 


mental  laws  of  the  United  States  and  the  state  of  Illinois, 
in  regard  to  the  rights  and  duties  of  citizens,  and  such  other 
studies  as  the  board  of  education  may  from  time  to  time  pre- 
scribe. 

§ 5.  The  board  of  education  shall  hold  its  first  meet- 
ing at  the  office  of  the  superintendent  of  public  instruc- 
tion, on  the  first  Tuesday  in  May  next,  at  which  meeting 
they  shall  appoint  an  agent,  fixing  his  compensation,  who 
shall  visit  the  cities,  villages  and  other  places  in  the  state, 
which  may  be  deemed  eligible  for  the  purpose,  to  receive 
donations  and  proposals  for  the  establishment  and  mainten- 
ance of  the  formal  University.  The  board  shall  have 
power  and  it  shall  be  their  duty  to  fix  the  permanent  loca- 
tion of  said  normal  University  at  the  place  where  the 
most  favorable  inducements  are  offered  for  that  purpose : 
Provided , that  such  location  shall  not  be  difficult  of  access, 
or  detrimental  to  the  welfare  and  prosperity  of  said  normal 
University. 

§ 6.  The  board  of  education  shall  appoint  a principal, 
lecturer  on  scientific  subjects,  instructors  and  instructresses, 
together  with  such  officers  as  shall  be  required  in  the  said 
normal  University,  fix  their  respective  salaries  and  prescribe 
their  several  duties.  They  shall  also  have  power  to  remove 
any  of  them  for  proper  cause,  after  having  given  ten  days’ 
notice  of  any  change,  which  may  be  duly  presented  and 
reasonable  opportunity  for  defense.  They  shall  also  pre- 
scribe the  text  books,  apparatus  and  furniture  to  be  used  in 
the  university,  and  provide  the  same ; and  shall  make  all 
regulations  necessary  for  its  management.  And  the  board 
shall  have  the  power  to  recognize  auxiliary  institutions  when 
deemed  practicable:  Provided , that  such  auxiliary  institu- 
tions shall  not  receive  an  appropriation  from  the  treasury, 
or  the  seminary  or  university  fund. 

§ 7.  Each  county  within  the  state  shall  be  entitled  to 
gratuitous  instruction  for  one  pupil  in  said  Normal  Univer- 
sity ; and  each  representative  district  shall  be  entitled  to  gra- 
tuitous instruction  for  a number  of  pupils  equal  to  the  num- 
ber of  representatives  in  said  district,  to  be  chosen  in  the 
following  manner:  The  county  superintendent  in  each 

county  shall  receive  and  register  the  names  of  all  applicants 
for  admission  in  said  Normal  University,  and  shall  present 
the  same  to  the  county  court,  or,  in  counties  acting  under 
township  organization,  to  the  board  of  supervisors,  as  the 
case  may  be ; shall,  together  with  the  county  superinten- 
dent, examine  all  applicants  so  presented  in  such  a manner 
as  the  board  of  education  may  direct,  and  from  the  num- 
ber of  such  as  shall  be  found  to  possess  the  requisite  quali- 
fications, such  pupils  shall  be  selected  by  lot ; and  in  repre- 
sentative districts  composed  of  more  than  one  county,  the 
county  superintendent  and  county  judge,  or  the  county 
superintendent  and  chairman  of  the  board  of  supervisors, 


45 


pfln-  Required  to  file 
t5UU  declaration. 


Appropriation. 


in  counties  acting  under  township  organization,  as  the  case 
may  be,  of  the  several  counties  composing  such  representa- 
tive district,  shall  meet  at  the  clerk’s  office  of  the  county 
court  of  the  oldest  county,  and  from  the  applicants  so  pre- 
sented to  the  county  court  or  board  of  supervisors  of  the 
several  counties  represented,  and  found  to  possess  the 
requisite  qualifications,  shall  select  by  lot  the  number  of 
pupils  to  which  said  district  is  entitled.  The  board  of  edu- 
cation shall  have  the  discretionary  power,  if  any  candidate 
does  not  sign  and  file  with  the  secretary  of  the  board  a decla- 
ration that  he  or  she  will  teach  in  the  public  schools  within 
the  state,  in  case  that  engagements  can  be  secured  by  reason- 
able efforts,  to  require  such  candidate  to  provide  for  the 
payment  of  such  fees  for  tuition  as  the  board  may  prescribe. 

§ 8.  The  interest  of  the  university  and  seminary  fund, 
or  such  part  thereof  as  may  be  found  necessary,  shall  be 
and  is  hereby  appropriated  for  the  maintenance  of  said  Nor- 
mal University,  and  shall  be  paid  on  the  order  of  the  board 
of  education  from  the  treasury  of  the  state ; but  in  no  case 
shall  any  part  of  the  interest  of  said  fund  be  applied  to  the 
purchase  of  sites,  or  for  buildings  for  said  university. 

§ 9.  The  board  shall  have  power  to  appropriate  the  one 
thousand  dollars  received  from  the  Messrs.  Meriams,  of 
Springfield,  Massachusetts,  by  the  late  superintendent,  to 
the  purchase  of  apparatus  for  the  use  of  the  Normal  Univer- 
sity, when  established ; and  hereafter,  all  gifts,  grants  and 
demises  which  may  be  made  to  the  said  Normal  University 
shall  be  applied  in  accordance  with  the  wishes  of  the  donors 
of  the  same. 

§ 10.  The  board  of  corporators  herein  named,  and  their  Term  of  office 
successors,  shall  each  of  them  hold  their  office  for  the  term  of 
six  years : Provided , that  at  the  first  meeting  of  said  board, 
the  said  corporators  shall  determine,  by  lot,  so  that  one- 
third  shall  hold  their  office  for  two  years,  one-third  for  four 
years,  and  one-third  for  six  years.  The  governor,  by  and  v|^cies : how 
with  the  advice  and  consent  of  the  senate,  shall  fill  all  vacan-  e ' 
cies  which  shall  at  any  time  occur  in  said  board,  by  appoint- 
ment of  suitable  persons  to  fill  the  same. 

§11.  At  the  first  meeting  of  the  board,  and  at  each  Elect  Pres,'dent* 
biennial  meeting  thereafter,  it  shall  be  the  duty  of  said  board 
to  elect  one  of  their  number  president,  who  shall  serve  until 
the  next  biennial  meeting  of  the  board,  and  until  his  suc- 
cessor is  elected. 

§ 12.  At  each  biennial  meeting  it  shall  be  the  duty  of  Appointment  of 
the  board  to  appoint  a treasurer,  who  shall  not  be  a member  treasurer- 
of  the  board,  and  who  shall  give  bond,  with  such  security  as 
the  board  may  direct,  conditioned  for  the  faithful  discharge 
of  the  duties  his  office. 

§ 13.  This  act  shall  take  effect  on  and  after  its  passage, 
and  be  published  and  distributed  as  an  appendix  to  the 
school  law. 

Approved  February  18,  1857. 


46 


AN  ACT  to  repeal  so  much  of  the  school  law  as  exempts  school  officers 
from  serving  on  juries  in  courts  of  record. 

Section  1.  Beit  enacted  by  the  People  of  the  State  of 
Acts  repealed.  Illinois , represented  in  the  General  Assembly',  That  so  much 
of  section  seventy-two  of  an  act  entitled  “An  act  to  estab- 
lish and  maintain  a system  of  free  schools,”  approved  Feb- 
ruary 16,  1857,  as  exempts  school  officers  from  serving  on 
juries  in  courts  of  record  in  this  state,  is  hereby  repealed. 

§ 2.  This  act  shall  take  effect  from  and  after  its  passage. 

Approved  February  16, 1865. 


INDEX 


PAGE. 

Accounts  of  treasurer,  how  to  be  kept...  26 
Acts,  this  act  not  to  repeal  special  acts..  36 


what,  repealed  by  this  act 42 

this  act  to  be  in  force,  when 42 

Actions.  See  “ Suits.” 


Advertisement  of  the  sale  of  school  land  39 
See  ‘-Notice.” 

Apportionment,  how  made  among  town- 


ships   7 

funds  to  schools  composed  of  differ- 
ent districts 18 


how  made  in  forming  new  districts. . 13 
Attachment,  in  what  cases,  may  issue. . . 21 
Auction,  lands  may  be  sold  at,  by  trustees  16 
Auditor  of  public  accounts,  his  duties. . . 32 
shall  make  dividends  of  school  funds  32 

shall  issue  warrants  for  same 32 

to  be  furnished  with  transcripts  of 

sales 41 

shall  issue  patents  to  purchasers  of 

school  lands 42 

may  issue  duplicate  copies  of  patents  42 

JB. 


Boards  of  directors,  when  to  be  dissolved  14 
supervisors  to  make  appropriations.  33 

Bonds,  of  superintendent 3 

of  county  superintendents 5 

form  of 6 

of  township  treasurer, whereto  be  filed  7 
directors  may  issue  for  borrowed  mon- 
ey   20 

how  such  are  to  be  executed 20 

of  township  treasurer 26 

Books, for  county  superintendent, how  paid 

for 7 


C. 


Causes  of  action,  existing  to  remain  valid  36 
See  “ Suits.” 

Certificates,  of  board  of  directors 19 

of  teachers 22 

grades  of 22 

Certificates,  of  teachers  to  be  attached  to 
schedules 24 


PAGE- 


Certificates : 

form  of 24 

of  directors,  to  be  attached  to  sched- 
ules  25 

form  of 25 

of  purchase  to  be  given 41 


of  purchase,  duplicates  may  issue. . . 42 
Change  of  name  of  school  commissioner.  5 
Circulars,  to  be  issued  by  superintendent.  4 
Cities.  See  “ Towns  and  Cities.” 

Clerk  of  board  of  trustees,  how  appointed.  12 


duties  of 12 

must  join  in  executing  conveyances.  16 

Clerk  of  board  of  directors 17 

of  board  of  directors  to  sign  bonds. . 20 
county,  to  make  computation  of  taxes  19 

computation  to  be  final  19 

shall  deliver  to  treasurer  certificate  of 

amount  due 20 

how  to  proceed  where  a district  is  in 

two  counties 20 

Clerks  of  courts  of  record  to  report  to 

county  superintendent 38 

penalty  for  failure  to  do  so 38 

Collector,  county,  to  pay  over  taxes  to 

township  treasurer 20 

case  of  refusal  to  pay  over,  may  be 

sued 20 

not  liable  for  taxes  he  could  not  col- 
lect  20 

to  pay  over  taxes  on  warrant  of  audi- 
tor  33 

to  pay  gold  and  silver 33 

may  be  proceeded  against  in  co.  court  33 

compensation  of 33 

Compensation,  of  superintendent 5 

of  collectors 33 

of  county  superintendents 33 

of  township  treasurers 34 

of  county  treasurers 34 


Common  school  lands.  See  “ Lands”  and 
“ Real  Estate.” 

Common  school  funds.  See  “Funds”  and 
“ Moneys.” 

Compromise  may  be  made  by  trustees. . . 16 
Consolidation  of  two  or  more  districts. . . 14 

Contracts,  to  remain  valid 36 

directors  shall  not  be  interested  in. . 18 


[II] 


INDEX 


PAGE. 


Conveyances : 

of  school  sites,  how  executed 16 

to  trustees,  how  to  be  made 16 

of  school  lands,  how  made 41 

Costs : 

none  to  be  charged  against  school 

officers,  in  certain  cases 35 

of  suits  for  tresspassing  on  school 

lands 37 

See  “ Suits.” 

Counties  not  collecting  funds,  to  receive 

none 82 

how  taxes  are  to  be  distributed  to. . 33 
County  superintendents  successors  to  sch’l 

commissioners 5 

to  examine  treasurer’s  bond 7 

to  return  bond  if  defective 7 

to  loan  county  funds 8 

not  to  pay  funds  till  treasurer’s  bond 

is  filed 8 

liable  to  removal  for  failure  to  report  8 
to  visit  every  school  once  a year. ...  9 

to  direct  in  science  and  art  of  teaching  9 

to  form  teachers’  institutes 9 

to  hold  meetings  quarterly 23 

not  to  charge  fee  for  certificate. ...  23 

to  receive  three  dollars  per  day 33 

additional  compensation  may  be  made 

to 33 

to  receipt  for  fines,  etc 38 

to  bring  suits  against  clerks  and  jus- 
tices of  the  peace 38 

Courts,  county,  may  remove  county  super- 
intendents  6 

may  require  new  bond  from  county 

superintendents 6 

shall  have  jurisdiction  in  trespass  to 

school  lands  38 

shall  have  jurisdiction  in  action  a- 
gainst  collectors 38 

D. 

Damages  may  be  awarded  against  collec- 
tor  20 

may  be  awarded  on  breach  of  mort- 
gage  28 

Devise,  may  be  bequeathed  to  trustees..  16 
Debt3,  due  to  schools,  to  be  first  paid. ...  29 
Directors,  school  or  district : 

duty  of,  to  transfer  pupils 13 

to  draw  orders  for  money 14 

to  have  control  of  school  houses,  etc  16 

may  convey  school  site 16 

election  of 17 

in  case  of  vacancy  in  board,  how  filled  17 

election  may  be  postponed 17 

to  appoint  a clerk — duties  of 17 

shall  not  be  trustees 17 

shall  not  be  interested  in  contracts  17 
may  levy  a tax  for  school  purposes  18 
shall  determine  amount  necessary  to 
be  raised  for  school  purposes 18 


PAGE. 


Directors,  shall  determine  what  rate  per 

cent  shall  be  levied 18 

shall  make  known  estimates,  with  a 
list  of  tax  payers  to  county  clerk  by 

certificate 18 

to  return  certificate  to  township  trea- 
surer  , 18 

form  of  certificate 19 


shall  inform  collector,  where  districts 
are  composed  of  several  townships 
to  what  treasurer  to  pay  over  taxes  20 
rate  of  interest  on  money  borrow’d  by  20 


what  sum  may  be  borrowed  by 20 

what  sum  may  be  levied  by 20 

how  to  proceed  where  a district  is  in 

two  counties 20 

may  borrow  money 20 

to  be  a body  corporate,  etc. 20 

may  purchase  libraries 18 

shall  establish  schools,  erect  houses, 

etc 21 

may  locate  school  house  site 21 

must  have  six  month’s  school  or  more  21 
to  receive  pupils  between  6 and  21 

years 21 

shall  visit  schools 21 

shall  appoint  teachers 21 

may  dismiss  them 21 

may  expend  surplus  money 17 

liable  for  balance  due  teachers 21 

when  execution  may  issue  against. . . 21 
shall  examine  and  certify  to  schedules  24 

form  of  certificate 24 

shall  file  schedule  with  treasurer. . . 25 
not  to  certify  schedule  in  certain  cases  25 

to  receipt  for  schedules 25 : 

receipt  to  be  evidence 25 

liable  for  loss  of  schedule 25 

exempt  from  working  on  roads 34 

liabilities  of 34 


penalty  for  failing  to  perform  duties  35 
heretofore  appointed,  continue  in  of- 
fice until  successors  are  elected. ..  36 
See  “ Officers  of  Schools.” 

Directors  of  union  schools  how  appointed, 


their  duties 13 

Distribution,  how  made  in  forming  new 

districts 13 

how  made  in  dividing  districts 13 

of  taxes,  to  counties 33 

Districts,  school,  may  be  formed  from  two 

or  more  townships 13 

pupils,  from  two  or  more,  may  be 
transferred..., 13 


when  several  districts  are  consoli- 
dated, new  district  to  own  the  prop- 


erty  

in  case  of  division  of,  funds  to  be  dis- 
tributed  13 

when  composed  of  two  or  more  town- 
ships, how  to  collect  taxes 20 

when  situated  in  two  counties,  how 
taxes  are  to  be  collected 20 


INDEX 


[in] 


PAGE. 

Dividends  of  school  tax,  to  be  declared  by 


auditor 33 

to  be  paid  on  auditor’s  warrant 33 


EJ. 

Election,  of  superintendent  of  public  in- 


struction   3 

of  county  superintendents 5 

of  trustees  of  schools 10 

trustees  to  act  as  judges  and  clerks  of  11 
manner  of  conducting,  for  trustees. . 11 
qualification  of  voters  at,  for  trustees  11 

in  case  of  a tie  in,  for  trustees 11 

judges  of  to  deliver  to  county  super- 
intendent poll  book  and  certificate  12 
poll  book  and  certificate  to  be  evi- 
dence  12 

of  school  directors 17 

judges  of,  their  duty 18 

for  purpose  of  raising  funds,  to  be  sub- 
mitted to  the  people 21 

shall  be  held  before  issuing  bonds  for 

borrowed  money 20 

shall  be  held  in  order  to  erect  or 

change  school  houses 21 

Evidence,  receipt  of  township  treasurer 

shall  be 7 

county  superintendent  may  give. .. . 9 

poll  book  and  certificate  of  election  to  12 
poll  book  and  certificate  of  election  to  18 
Examination,  of  books,  notes,  accounts, 

etc.,  to  be  made 15 

of  teaqhers. ......  22 

Executions.  See  “Judgments  and  Execu- 
tions.” 

Exemption  of  school  officers  from  working 

road,  etc 34 

Expenses  of  supporting  schools,  how  paid  13 
Executors  and  administrators  shall  pay 

school  debts  first 29 


in. 


Fines.  See  “ Penalties.” 

Funds,  may  be  withheld  by  superintendent  5 

county,  may  be  loaned 8 

tax,  how  divided  in  formation  of  new 

district 12 

how  distributed  by  trustees 13 

trustees  may  make  orders  for  collec- 
tion of 13 

how  distributed  in  division  of  a dis- 
trict   13 

not  to  be  paid  out  except  as  designa- 
ted  23 

what  shall  constitute  the  principal  of 

school 31 

no  part  of  school,  to  be  expended.. . 31 

how  to  be  paid  out , 31 

form  of  ©rder 31 

what  shall  constitute  school 31 


PAGE. 


Funds : 

where  a county  fails  to  collect  taxes, 
not  to  be  received  by  such  county  32 
state  to  pay  interest  on  school. ...  82 
dividends  to  be  made  by  auditor,  of 

school . 33 

to  be  paid  on  auditors  warrants. ...  33 
not  to  be  paid  by  local  treasurer  in 

certain  cases 36 

persons  of  color  to  have  benefit  of. . 37 
statement  to  be  made  by  superintend’t  41 
See  “ Moneys  ” 


Gr. 

Gifts  and  grants  may  be  made  to  trustees  16 


Grades  ©f  certificates 22 

EC. 

Higher  branches  may  be  taught 23 

I. 

Improvements  liable  to  be  destroyed,  not 

be  included  in  mortgages 28 

Indictment,  persons  liable  to  for  trespass- 
ing on  school  lands 38 


Interest,  on  money  loaned,  account  to  be 

kept  by  county  superintendent. . . 7 

of  county  fund  how  to  be  applied. . . 7 

what  rate  of,  may  be  levied  by  direc- 
tors  18 

on  money  borrowed  by  directors... . 20 
rate  of,  on  mofaey  loaned  by  treasurer  27 
proceedings  in  case  of  failure  to  pay  29 
to  be  paid  by  the  state  on  sch’l  fund  32 

J". 


Judgments  and  executions,  real  estate 
may  be  purchased  by  trustees  in 

satisfaction  of 16 

for  damages  against  collector 16 

in  what  cases  executions  may  issue 
against  trustees  and  directors. ...  21 
may  be  rendered  by  county  court  a- 

gainst  collector 21 

in  case  of,  against  treasurer 34 

to  be  a lien  from  date  of  process. ...  34 
Justices  of  the  peace  to  have  jurisdiction 

in  certain  cases 29 


to  have  jurisdiction  in  certain  cases  38 
in  case  of  failure  to  pay  over  fines,  etc  38 
to  enforce  collections  of  fines,  etc. . 38 
to  pay  same  to  county  superintend’t  38 
report  under  oath  to  co.  superint’nd’t  38 
penalty  for  failure  to  report 88 

Ij. 

Lands,  school,  petition  for  sale  of,  to  be 


recorded 89 

account  of  sales  of,  to  be  kept 89 


[IV] 


INDEX . 


PAGE. 


Lands,  purchases  of  declared  valid 17 

leases  of  to  remain  valid 36 

heretofore  offered  for  sale,  how  to  be 

sold 36 

what  shall  constitute  school 37 

business  of  townships  shall  be  trans- 
acted in  the  county  which  contains 

the  greatest  portion  of 37 

penalty  for  cutting  trees  on 38 

penalty  for  trespassing  on 38 

sales  of,  how  to  be  made 39 

what  number  of  inhabitants  a town- 
ship shall  contain  in  order  to  sell  39 

how  to  be  subdivided 39 

terms  of  sale  of. 39 

place  of  selling ! 40 

notice  of  sale  of 40 

county  superintendents  shall  sell,  and 

how 40 

payment  for,  how  to  be  made 40 

unsold,  how  to  be  disposed  of 40 

certificate  of  purchase  to  be  given. . 41 

statement  of  sales  of,  how  made 41 

transcript  of  sales  of,  to  be  made  to 

auditor 41 

purchasers  of,  to  receive  a patent.. . 42 
See  “ Real  Estate.” 

Leases  of  school  lands  to  remain  valid. . . 36 

Liabilities,  of  school  officers 34 

real  estate  bound  for  claims  against 

school  officers 34 

See  “ Penalties.” 

Libraries  may  be  purchased  by  directors  18 
Liens,  process  against  school  officers  shall 

be  from  date . . 34 

Loans,  of  money  by,  treasurer  to  be  made  27 


MI. 


Mandamus  may  be  issued  in  certain  cases  21 

Maps,  of  townships  to  be  prepared 13 

to  be  certified  and  recorded 13 

Meetings,  for  examination  of  teachers. . . 23 
Moneys,  to  be  delivered  by  county  super- 
intendent to  successor 8 

may  be  loaned  by  co.  superintendent  8 
to  be  paid  on  order  of  the  directors  13 
for  use  of  township  to  be  paid  to  trea- 
surer  16 

for  school  purposes  may  be  raised  by 

directors 18 

rate  per  cent  to  be  determined  by  di- 
rectors  18 

may  be  borrowed  by  directors 20 

may  be  loaned  by  treasurer 27 

additional  security  may  be  required  27 
See  “Funds.” 

Mortgages  in  name  of  county  superinten- 
dents declared  valid 8 

suits  may  be  brought  on,  and  how. ..  8 

may  be  canceled  by  trustees 16 

to  be  taken  for  money  loaned  by  trea- 
surer   , 28 


PAGE. 


Mortgages,  form  of 28 

in  case  of  breach,  suit  may  be  main- 
tained   28 

improvements  liable  to  be  destroyed 
not  to  be  included  in 28 


IN'. 


Negroes.  See  “ Persons  of  color.” 

Notes,  in  name  of  county  superintendent 

declared  valid 8 

how  suits  may  be  brought  on 8 

may  be  canceled  by  trustees 17 

may  be  taken  by  treasurer  for  money 

loaned 27 

Notice  of  sale  of  school  site  to  be  posted  16 

of  sale  of  real  estate 16 

of  election  of  directors 17 

of  election  to  borrow  money 18 

of  election  to  change  school  houses  21 
of  meetings  for  examination  of  teach- 
ers  23 

of  sale  of  school  lands 40 

O. 

Office,  term  of,  superintendent 3 

oath  of  superintendent 3 

term  of,  county  superintendent 6 

term  of,  trustees 16 

county  superintendents  to  continue  in 

until  successors  are  elected 36 

trustees  of  sch’ls  to  continue  in,  until 

successors  elected 36 

directors  to  continue  in,  until  succes- 
sors elected 36 

Officers  of  schools,  exempted  from  work- 
ing roads,  etc 34 

liabilities  of 34 

real  estate  of,  subject  to  lien 34 

subject  to  penalty  for  failing  to  do  duty  35 
of  schools  responsible  for  losses 36 


not  liable  for  costs  in  certain  cases. . 85 
heretofore  appointed  to  continue  in 
office  until  successors  are  elected  35 
in  towns  and  cities,  their  duties.  — 36 
of  courts  not  to  require  costs  in  cer- 
tain cases 35 

in  case,  fail  to  pay  over  fines,  etc. . . 87 

IP. 


Patents,  to  be  given  to  purchasers  of  sch’l 

lands 42 

how  to  be  issued 42 

duplicate  copies  of,  may  be  issued. . . 42 

Payment  for  sch’l  lands,  how  to  be  made  40 

Penalties,  what,  collectors  maybe  subject 

to 21 

what,  township  treasurer  may  be  sub- 
ject to 28 

what,  school  officers  may  be  subject 
to 24 


INDEX. 


[V] 


hAGE. 

Penalties,  what, school  officers  may  be  sub- 
ject to  for  failing  in  their  duties. . 35 

what,  in  case  of  false  returns “.35 

how  disposed  of 35 

for  cutting  trees  on  school  lands. ...  38 

for  trespasing  on  school  lauds 38 

how  collected 38 

Penalty  for  failing  to  pay  over  fines,  for- 
feitures etc 38 

how  recovered 38 

how  disposed  of 38 

Permits  delivered  to  township  treasurer  14 
Persons  of  color,  to  have  benefit  of  sch’l 

fund  in  certain  cases 37 

Petition,  for  sale  of  school  lands  shall  be 

presented  how,  shall  be  signed,  etc  39 
Postage  of  superintendent,  how  paid. ...  5 

Process,  in  what  cases  to  issue 21 

how  to  be  served 21 

from  date  shall  be  a lien 34- 

President  of  board  of  trustees,  how  ap- 
pointed. . . • 12 

duty  of 12 

may  execute  conveyances 16 

of  board  of  directors  to  sign  bonds. . 20 
Property  of  a district  to  be  distributed  in 

case  of  a division 13 

Pupils  of  two  or  more  districts,  how  trans- 
ferred   13 

under  six  not  eligible 21 

Purchase  of  real  estate  by  trustees 16 

of  sch’l  lands  by  persons,  how  made  39 

certificates  of,  to  be  given 41 

Purchasers  of  school  lands  to  receive  pa- 
tents  42 

may  obtain  duplicate  patents 42 

Q. 

Qualifications  of  teachers 22 

R, 

Real  estate,  taken  for  debts  may  be  resold  10 
may  be  purchased  by  trustees  in  cer- 
tain cases IV 

Real  estate,  title  to  vest  in  trust  in  cer- 
tain cases 16 

may  be  deeded  to  trustees  in  compro- 
mise  16 

may  be  sold  at  auction  by  trustees. . 16 

sales  of,  how  made 16 

purchases  of,  declared  valid 16 

shall  be  bound  for  claims  against  sch’l 

officers  from  date  of  process 34 

sale  of,  shall  not  defeat  lien 35 

may  be  sold  in  satisfaction  of  judg- 
ment  35 

See  “Lands.” 

Records,  of  examination  of  teachers 22 

of  examination, copy  of  to  be  returned 

to  state  superintendent 22 

Removal  of  township  treasurer,  how  made  16 


PAGE. 

Removal  of  teachers,  how  made 21 

Reports  of  superintendent : 

when  to  be  made  governor 4 

to  be  laid  before  general  assembly. . 4 

of  schools  in  towns  and  cities 36 

Returns,  in  case  an  officer  making  false. . 35 
Rules  and  regulations  may  be  made  by  su- 
perintendent  4 


Salary  of  superintendent 5 

when  and  how  paid 5 

See  “ Compensation.” 

Sale  of  school  house  and  sites 16 

of  lands  at  auction IV 

shall  not  affect  lien  on  real  estate.. . 34 
of  school  lands,  how  to  be  made. ...  38 

of  school  lands,  terms  of 39 

of  school  lands,  place  of  selling 40 

of  school  lands,  advertisement  of. . . 40 
of  school  lands,  to  be  made  by  coun- 
ty superintendent 40 

of  school  lands,  payment  how  to  be 

made 40 

unsold  lands  subject  to  private  sale  40 
statement  of  to  be  made  by  county 

superintendent 41 

transcript  of  to  be  furnished  to  audi- 
tor . 41 

Schedules,  separate,  how  kept  and  dis- 
posed of 14 

when  payable 25 

Schools  under  supervision  of  superinten- 
dent   4 

information  respecting,  to  be  commu- 
nicated to  superintendent 8 

to  be  visited  by  county  superintend^  9 
may  be  established  comprising  pupils 

of  different  districts 13 

Schools,  directors  to  have  control  of. . . 13 

expense  of  supporting,  how  paid. ...  13 

union,  how  formed 14 

devise  or  grant  may  be  made  to. . . . 16 
directors  to  determine  amount  neces- 
sary for is 

to  be  established  by  directors 21 

not  to  be  extended  longer  than  six 

months 21 

Schools,  county  superintendent  of  to  ad- 
vise with  superintendent 4 

when  and  how  elected. 5 

to  give  bond 5 

condition  and  penalty  of  bond  of. . . 6 

action  may  be  maintained  on  bond  of  6 

form  of  bond  of 6 

liable  to  be  removed  by  county  court  6 

shall  give  new  bond  if  required 6 

vacancy  in  office  of,  how  filled 6 

to  provide  books  of  record 7 

to  record  petitions  for  sale  of  lands  7 

to  record  plats,  etc 7 

to  keep  an  account  of  sales  of  lands  7 


[YI] 


INDEX. 


PAGE. 


Schools,  county  superintendent  of  to  keep 

an  account  of  money  loaned 7 

books,  how  paid  for 7 

shall  file  bond  of  township  treasurer  7 
shall  deliver  to  township  treasurer  all 

bonds,  notes,  mortgages,  etc 7 

shall  take  receipt  for  same 7 

receipt  to  be  evidence 7 

shall  make  apportionment  among 

townships,  and  how 7 

shall  pay  over  distributive  share  to 

treasurer  annually 7 

shall  loan  county  fund 8 

interest,  how  to  be  applied 8 

shall  give  information  to  sup’t 8 

shall  deliver  to  successor  all  property, 

on  expiration  of  office 8 

may  loan  moneys  in  same  way  as  trea- 
surers.   8 

notes,  mortgages,  etc.,  in  name  of,  va- 
lid  8 

suits  may  be  brought  in  name  of. . . . 8 

duties  of,  to  visit  schools,  give  direc- 
tions, etc 9 

to  have  primary  jurisdiction. 9 

may  employ  a competent  person  to 
furnish  information,  statistics,  etc., 

in  certain  cases 9 

persons  so  employed  to  have  access 
to  books,  papers,  etc.,  of  township  9 
to  pay  compensation  to  person  so  em- 
ployed  9 

to  collect  the  amount  so  paid  in  ac- 
tion against  trustees 9 

may -be  witness  in  such  action 9 

money  so  recovered  to  be  paid  over  to  9 
may  resell  real  estate  taken  for  debts  10 
may  retain  percentage  for  sealing. . . 10 


shall  examine  teachers  and  give  cer- 


tificate  22 

may  revoke  certificate 22 

to  fix  a time  for  examining  teachers  28 
may  proceed  against  collector  in  co. 

court 32 

compensation  of 33 

exempted  from  working  roads,  etc. . 34 

liabilities  of 34 

penalty  for  failing  to  perform  duties  34 

term  of  olfice  of 35 

not  to  pay  funds  to  local  treasurer  in 

certain  cases. 36 

shall  sell  school  lands,  and  in  what 

manner 40 

shall  give  to  purchaser  certificate. . . 41 
shall  make  statements  of  sales,  mon- 
eys,etc 41 

shall  furnish  auditor  transcript  of 

sales 41 

School  directors.  See  “ Directors.” 

School  fund.  See  “Funds”  and  “Moneys.” 
School  houses,  title  to,  vested  in  trustees  16 

control  of,  vested  in  directors 16 

may  be  conveyed  by  directors 16 


PAGE. 

School  houses  shall  ’not  be  erected  or 

4 changed  without  an  election 21 

School  lands.  See  “Lands”  and  “Real 
Estate.” 

School  sites.  See  “Sites.” 

School  trustees.  See  “Trustees  of  Sch’ls.” 
School  taxes.  See  “Taxes.” 


Schedules  shall  be  kept  by  teachers 24 

what,  shall  contain 24 

Schedules,  form  of 24 

to  be  certified  by  teachers 24 

to  be  delivered  to  directors 24 

to  be  examined  by  directors 24 

to  be  certified  by  directors 24 

to  be  filed  with  treasurer 25 

not  to  be  certified  in  certain  cases. . 25 
Section,  sixteenth  declared  school  lands  37 
Securities,  bound  for  demands  against 

principals 34 

of  county  superintendent  not  exemp- 
ted from  liabilities 34 

additional,  may  be  required  in  certain 

cases 27 

Settlement  may  be  made  with  trustees  by 

persons  indebted 16 

Sites  for  schools,  sales  of,  how  made. ...  21 

purchases  of,  how  made 16 

Sixteenth  section,  declared  school  lands . 37 
State  shall  pay  interest  on  school  fund..  32 
Statement  of  condition  of  schools  to  be 

prepared 14 

what  shall  be  contained  in 14 

of  treasurer  to  be  laid  before  trustees  29 

what  shall  be  contained  in  such 29 

of  sales  of  land  and  moneys  received 

by  county  superintendent 41 

State’s  attorneys  to  enforce  collection  of 

fines,  etc 38 

to  pay  same  to  co.  superintendents. . . 38 

fees  and  commissions  of 38 

Stationery,  allowed  to  superintendent. . . 5 

Suits  may  be  brought  on  notes,  mortgages 

etc.,  by  county  superintendent. ...  9 

county  superintendent  may  be  a wit- 
ness in 9 

may  be  brought  against  treasurer. ...  16 
may  be  brought  against  collector  for 

refusal  to  pay  over 20 

damages  to  be  awarded  in 20 

may  be  maintained  for  breach  if  con- 
dition in  mortgage 28 

how  brought  for  interest  on  money 

loaned 29 

all  suits  may  be  brought  in  name  of 

trustees 29 

may  be  brought  against  treasurer,  on 

bond 29 

may  be  brought  in  co.  court  against 

collector 33 

may  be  brought  against  trustees  for 
insufficiency  of  treasurer’s  securities  34 
may  be  brought  against  officers  failing 
in  their  duty 35 


[VII] 


INDEX. 


PAGE.- 

Suits,  costs  of  not  to  be  charged  in  certain 


cases 35 

may  be  maintained  for  trespassing  on 

school  lands  3*7 

may  be  maintained  for  cutting  trees 

on  school  lands . 38 

how  brought  for  penalties 38 

how  brought  against  purchasers  of 

lands.. 40 

Superintend^,  of  public  instruction,  when 

and  how  elected  3 

term  of  office  of 3 

oath  of  office  of 3 

office  of,  where  to  be  kept 3 

bond  of,  penalty  and  conditions  of. . 3 

books  and  documents  to  be  preserved 

by 3 

record  to  be  kept  by 3 

to  pay  over  moneys 4 

to  advise  county  superintendents 

and  teachers. 4 

to  have  supervision  of  schools 4 

to  issue  circulars 4 

to  make  reports  to  governor 4 

to  issue  state  certificates 22 

contents  of  report  of 4 

to  make  rules  and  regulations 4 

to  explain  and  interpret  this  act, ...  5 

his  decisions  to  be  final,  except  in  cer- 
tain cases 5 

may  cause  funds  to  be  withheld. ...  6 

salary  of,  when  and  how  paid 5 

to  be  allowed  postage,  stationery,  etc  5 


T 


Taxes,  school  how  distributed  when  new 

district  is  formed 13 

directors  may  levy 18 

to  be  computed  by  county  clerk. ...  19 

how  collected 19 

to  be  paid  by  collector  to  township 

treasurer. 20 

in  case  of  refusal  of  collector  to  pay 

over 20 

Taxes,  how  collected  where  district  is  in 

two  counties 20 

shall  not  be  levied  for  extending  sch’l 

longer  than  six  months 21 

two  mills  to  constitute  school  fund..  31 
where  county  fails  to  collect,  it  shall 

receive  none 32 

dividends  of,  to  be  made  by  auditor.  33 

levied  to  remain  valid 36 

persons  of  color  to  have  benefit  of. . . 37 
Teachers  to  be  appointed  by  directors. . . 21 
compensation  of,  regulated  by  direc- 
tors.   21 

may  be  dismissed  by  directors 21 

to  be  examined 22 

qualifications  necessary  for 22 

to  receive  certificate 22 

form  of  certificate 22 


PAGE. 


Teachers,  meetings  for  examination  of. . . 23 
to  exhibit  certificate  before  receiving 

funds 23 

shall  keep  schedules 23 

form  of  schedules • 24 

shall  attach  certificates  to  schedules. . 24 

to  deliver  schedules  to  directors 24 

not  receive  compensation  until  sched- 
ule is  filed 25 

entitled  to  ten  per  cent,  interest 25 

balances  due,  to  be  paid  out  of  first 

moneys 25 

Title  to  real  estate  to  vest  in  trustees  in 

certain  cases. . . .,.  16 

Towns  and  cities,  special  acts  of,  not 

changed  by  this  act 36 

officers  of,  having  in  charge  school, 

duties  of 36 

Townships,  apportionment  , among,  how 

made 7 

distributive  share  of,  to  be  paid  to 

treasurers  annually 7 

business  of,  to  be  done  by  trustees. . . 10 

to  be  body  corporate 10 

term  of,  name  of,  and  style  of 10 

to  be  laid  off  in  districts 12 

map  of,  to  be  prepared 13 

school  districts  to  be  formed  from 

several 13 

when  divided  by  county  line  separate 

enumerations  to  be  made 15 

to  be  considered  as  incorporated  by 

this  act 36 

Township  treasurer.  See  “ Treasurer.” 
Transcript  of  sales  of  school  lands  to  be 

furnished  to  auditor 41 

Treasurer,  township,  bond  of,  to  be  filed 

by  county  superintendent 7 

moneys,  bonds,  etc.,  to  be  delivered 

to,  by  county  superintendent 7 

to  give  receipt  for  same 7 

receipt  of,  to  be  evidence 7 

distributive  share  to  be  paid  to  annu- 

ually 7 

how  appointed - . . 12 

township,  account  of  to  be  examined  15 
proceeds  of  sale  of  school  sites  to  be 

paid  to 16 

moneys  for  use  of  townships  to  be 

paid  to. . . . 16 

may  be  removed  b)  trustees 16 

may  be  sued  on  bond 16 

to  order  district  election  in  certain 

cases 18 

to  return  certificate  to  county  clerk.  19 
collector  to  pay  ovA*  to,  full  amount 

of  tax 20 

schedule  to  be  filed  with 25 

to  give  bond  and  security 25 

form  of  bond  of 26 

to  provide  books  and  keep  accounts  26 

accounts,  how  kept 27 

shall  loan  money. 27 


[tiii] 


INDEX. 


Treasurer,  terms  and  rate  on  which,  shall 

loan  money. 27 

may  loan  funds  to  boards  of  directors  27 

former  loans  by,  legalized 27 

may  require  additional  security. . . . 29 

if  not  given,  shall  institute  suit 29 

shall  have  debts  due  probated  and 

classed 29 

may  bring  suits  for  interest  on  loaned 

money 29 

shall  keep  all  moneys,  books,  &c.,  of 

township 29 

shall  make  statement  to  trustees  od 

certain  days 29 

what  shall  be  contained  in  statement 

of 29 

penalty  in  cfise  of  failure  to  perform 

duties 30 

not  liable  in  certain  cases. 30 

to  settle  with  boards  of  directors. . . 30 
to  deliver  money,  books,  etc.,  to  suc- 
cessor.   30 

in  case  of  death  of 30 

to  pay  only  on  order  of  directors. . . 31 

township,  compensations  of 34 

exempted  from  working  roads,  etc. . . 34 

liabilities  of 34 

to  receive  pay  as  clerks 34 

Trees,  penalty  for  cutting  on  sch’l  lands.  37 
Trespass  on  school  lands,  how  punished. . 37 
Trustees  of  schools  to  be  body  corporate 

and  politic 10 

name  and  style  of 10 

term  ot  office 10 

eligibility  of 10 

first  election  of. 10 

to  draw  lots 10 

when  but  two  are  present 10 

election  of,  may  be  postponed  in  cer- 
tain cases 11 

to  act  as  j udges  and  clerks  at  elections  1 1 
• in  case  of  refusal  of,  to  serve  at  elec- 
tions  11 

time  and  manner  of  electing n 

qualifications  of  voter  for 11 

in  case  of  a tie  in  election ll 

in  case  of  a vacancy  in  board  of 11 

election  of  to  be  ordered  by  co.  sup’t  11 
to  be  successors  to  trustees  of  school 

lands 12 

property  to  be  vested  in ; . 12 

to  hold  semi-annual  meetings 12 

special  meetings  of  how  called 12 

how  board  of  shall  be  organized. ...  12 

may  appoint  a president 12 

may  appoint  a township  treasurer. . . 12 

may  remove  officers  for  cause 12 

duty  of  president  of  board  of 12 

duty  of  clerk  of  board  of 12 

must  lay  townships  off  into  districts  12 
may  establish  one  or  more  districts  in 

a township.  12 

to  prepare  map  of  township. 13 


page. 

Trustees  may  form  school  districts  from 

several  townships 

to  make  division  of  taxes  in  new  dis- 
tricts, and  how 

funds,  when  and  how  to  be  distribu- 
ted by 

to  ascertain  amount  in  hands  of  trea- 
surer  ►jg 

shall  make  statements  of  condition  of 


schools. 


14 


what  contained  in  statement  of  14 
failure  to  make  report,  penalty  of  15 

penalty  of,  how  remitted ....  15 

duty  of,  in  case  township  is  divided 

by  county  line 15 

shall  make  examination  of  books 

mortgages,  etc 15 

may  receive  devise,  gift  or  grant. ...  16 
vested  with  title  and  custody  of  sch’l 

houses 26 

president  and  clerk  of  board  of,’  to 

execute  conveyances. ' . 26 

shall  cause  all  moneys  to  be  paid  to 

treasurer jg 

may  remove  township  treasurer 16 

may  sue  township  treasurer 16 

may  purchase  real  estate  in  satisfac- 
tion of  judgment 10 

title  to  such  estate  to  vest  in,  for 

school  purposes 45 

may  settle  with  persons  indebted.  . . 16 
may  receive  deeds  to  real  estate  in 

compromise jg 

may  cancel  bonds,  mortgages,  etc. . 17 

may  lease  or  sell  lands  at  auction... . 17 
snail  not  be  interested  in  contracts. , 18 

shall  not  be  director. . ' 28 

execution  may  issue  against 21 

exempted  from  working  roads,  etc. . 34 

liabilities  of 34. 

liable  for  insufficiency  of  treasurer’s 

securities # 34 

to  pay  treasurers  for  clerical  services  33 
penalty  for  failing’  to  perform  duties  35 
to  continue  in  office  until  successors 

appointed  3g 

how  to  proceed  in  selling  .sch’l  lands  3*7 
Trustees  of  school  lands,  trustees  of  sch’ls 

declared  successors  of 12 

XT 

Union  districts,  how  formed 14 

directors,  powers  of 14 

■v 

Vacancy  in  office  of  co.  sup’t.,  how  filled-  6 
Vacancy  in  board  of  trustees,  how  filled.  -11 

W 

Witness,  county  superintendent  may  be..  9 
See  “Evidence.” 


UNIVERSITY  OF  ILLINOIS-URBANA 


3 0112  070576779 


